6 


A  COMPILATION 


MESSAGES  AND  PAPERS 


CONFEDERACY 


INCLUDING  THE  DIPLOMATIC  CORRESPONDENCE 

1861-1865 


PUBLISHED   BY  PERMISSION  OF  CONGRESS 

BY 

JAMES  D.  RICHARDSON 

A  REPRESENTATIVE  FROM  THE  STATE  OF  TENNESSEE 
COMPILER  AND  EDITOR  OF  "MESSAGES  AND  PAPERS  OF  THE  PRESIDENTS' 


IN  Two  VOLUMES  —  VOLUME  I 


UNITED    STATES    PUBLISHING    COMPANY 
1905 


COPYRIGHT,  1904, 

BY 
JAMES  D.  RICHARDSON. 


TO  THE  SOLDIERS  ON  BOTH  SIDES  \VHO  LAID  DOWN 
THEIR  LIVES  IN  THE  FOUR  YEARS'  WAR,  1861-1865, 
EACH  FIGHTING  FOR  WHAT  HE  THOUGHT  WAS 
RIGHT,  AND  ALSO  TO  THOSE  WHO,  AFTER  HOSTILI 
TIES  CEASED,  GAVE  THEIR  BEST  ENDEAVORS  TO 
PROMOTE  PEACE  AND  HARMONY  BETWEEN  THE 
SECTIONS  LATELY  IN  ARMS,  THIS  WORK  IS  RE 
SPECTFULLY  DEDICATED,  NOT  TO  PERPETUATE  THE 
RECORD  OF  THE  STRIFE,  HUT  IN  TOKEN  OF  THOSE 
BETTER  FEELINGS  WHICH  HAVE  SINCE  REUNITED 
THE  PEOPLE  OF  ALL  SECTIONS  UNDER  ONfe  FLAG, 
WITH  ONE  HOPE  AND  ONE  DESTINY,  IN  A  UNION 
OF  STATES  THAT  IS  INDISSOLUBLE. 


Resolution  Permitting  the  Compilation. 

!>e  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled, 

SEC.'.  5.  That  permission  is  hereby  granted  to  James  D.  Rich 
ardson  to  compile,  edit,  and  publish,  without  expense  to  the 
Government,  the  State  papers  and  diplomatic  correspondence  of 
the  late  Confederate  States,  and  access  to  said  papers  and  cor 
respondence  shall  be  given  him  for  that  purpose  by  the  heads 
of  the  Executive  Departments  having  such  papers  in  charge,  un 
der  such  regulations  as  may  be  respectively  prescribed  by  them. 

Approved  April  17,  1900. 

(v) 


Prefatory  Note. 


THE  official  papers  of  all  the  Presidents  of  the  United  States 
from  Washington  to  McKinley  were  compiled  by  me  a  few  years 
ago.  That  compilation  is  entitled  "Messages  and  Papers  of  the 
Presidents,"  is  in  ten  volumes,  and  was  published  by  the  au 
thority  of  Congress.  I  have  now,  by  permission  of  Congress, 
compiled  and  edited  all  the  messages,  proclamations,  and  inau 
gural  addresses  of  Jefferson  Davis,  President  of  the  Confederate 
States,  together  with  the  important  and  interesting  diplomatic 
correspondence  of  the  Confederacy.  This  compilation  is  a  fitting 
companion  piece  to  the  former  work.  Biographical  sketches  of 
President  Davis.  Vice  President  Stephens,  General  Robert  E. 
Lee,  and  the  three  Secretaries  of  State,  Robert  Toombs,  Robert 
M.  T.  Hunter,  and  Judah  P.  Benjamin,  have  been  prepared  and 
are  included.  There  will  be  two  volumes  of  this  work,  the  first 
containing  the  official  papers  of  the  President,  the  second  com 
prising  the  diplomatic  correspondence.  The  only  omission  of 
any  message  has  been  in  the  case  where  it  contained  simply  a 
formal  nomination  without  comment.  Neither  the  State  papers 
of  Mr.  Davis  nor  the  diplomatic  correspondence  of  the  Confed 
eracy  have  ever  before  been  compiled. 

The  "Messages  and  Papers  of  the  Presidents"  contains  their 
official  papers  without  any  political  coloring  by  the  editor  and 
compiler,  and  so  the  papers  herein  published  are  given  to  the 
public  entirely  without  any  sectional  or  political  bias.  The  ob 
ject  in  view  in  making  this  publication  is  to  place  all  the  messages 
and  papers  of  the  Confederacy  and  the  diplomatic  correspond 
ence  before  the  public  at  large  of  all'sections  of  our  country  in  a 
convenient  and  enduring  form.  As  stated,  these  are  given  with 
out  comment,  and  the  reader  is  left  to  draw  his  own  conclusions. 

It  will  be  conceded  that  no  man  more  fully  appreciated  and 
understood  the  motives  and  principles  which  actuated  the  South 
ern  States  and  their  people  in  their  conduct  in  withdrawing  from 
the  Union  than  the  man  they  chose  to  be  their  President,  and  it 

(vii) 


viii  Messages  and  Papers  of  the  Confederacy. 

is  equally  true  that  but  few  men  ever  lived  in  our  land  who  were 
so  happy  in  finding  language  to  give  adequate  and  forcible  expres 
sion  to  these  motives  and  principles. 

These  volumes  contain  the  sentiments  and  opinions  entertained 
by  Air.  Davis  as  he  gave  utterance  to  them  during  that  stormy  and 
perilous  period  of  war,  and  those  who  agreed  and  acted  with 
him  then,  and  who  now  think  as  he  did,  should  find  ample  and 
complete  satisfaction  for  themselves  as  they  peruse  the  pages  of 
this  work ;  while  those  who  did  not  then  and  who  do  not  now 
so  agree  with  him  and  his  associates  should  not  only  be  willing 
to  have  what  he  said  in  behalf  of  the  Confederacy  brought  to 
light,  but,  on  the  other  hand,  should  be  desirous  of  having  this 
done,  so  that  from  every  standpoint  publicity  may  be  given  to 
what  they  consider  to  have  been  his  and  their  errors  and  mis 
takes. 

There  will  be  found  in  the  Index  of  Volume  I  a  number  of 
encyclopedic  articles  which  are  intended  to  furnish  the  reader 
definitions  of  politico-historical  words  and  phrases,  some  of  which 
occur  in  the  papers  of  the  Chief  Magistrate,  or  to  develop  more 
fully  questions  or  subjects  to  which  only  indirect  reference  is 
made,  or  which  are  but  briefly  discussed  by  him.  There  will  also 
be  found  brief  accounts  of  more  than  a  hundred  battles  in  which 
the  armies  of  the  Confederate  States  were  engaged.  I  have  ear 
nestly  endeavored  to  make  these  articles  historically  correct,  and 
to  this  end  have  carefully  compared  them  with  the  best  authori 
ties.  There  has  been  no  effort  or  inclination  on  my  part  to  inject 
partisan  or  political  opinions  of  any  nature  into  these  articles. 
On  the  other  hand,  I  have  sought  only  to  furnish  reliable  his 
torical  data  and  well-authenticated  definitions,  and  to  avoid  the 
expression  of  my  own  opinion. 

The  great  wonder  is  that  those  who  delight  in  hunting  up  and 
publishing  interesting  history,  which  was  so  thrilling  when  the 
events  that  made  it  were  being  enacted,  have  not  heretofore  dug 
up  these  papers  from  their  hidden  repositories  in  the  archives 
of  the  Government  at  Washington,  and  given  them  to  the  public. 
This  is  true  especially  of  the  diplomatic  correspondence.  The 
addresses,  messages,  and  proclamations  of  Mr.  Davis  were  all 
read  during  the  war  with  the  keenest  interest  as  they  were  pub 
lished,  although  they  have  been  buried  out  of  sight  since  its 


Prefatory  jVote.  ix 

close.  They  relate  to  the  establishment  of  the  provisional,  and 
later  to  the  permanent,  Government  of  the  Confederacy,  its  rise, 
progress,  and  fall,  and  contain  a  frequent  statement  of  the  funda 
mental  grounds  on  which  the  rights  of  the  Southern  people  to 
set  up  a  Government  for  themselves  rested,  and  tell  vividly  of 
the  successes  and  defeats  of  the  Confederate  Army  on  many 
bloody  fields.  Much  of  the  history  and  many  events  shown  by 
them  have  been  overlooked,  or  linger  only  in  the  minds  of  many 
persons  in  a  half- forgotten  way.  But  this  is  not  true  of  the 
diplomatic  correspondence,  for  it  has  never  heretofore  been  pub 
lished.  It  was  all,  or  nearly  all,  profoundly  secret  and  con 
fidential  at  the  time  the  communications  were  passed  between 
the  Confederate  Commissioners  and  the  State  Department  of  the 
Confederacy.  It  will  be  remembered  that  the  Commissioners  to 
the  leading  nations  of  Europe  were  William  L.  Yancey,  of  Ala 
bama,  Pierre  A.  Rost.  of  Louisiana,  and  A.  Dudley  Mann,  of  Vir 
ginia.  Later  there  were  sent  abroad  James  M.  Mason,  of  Vir 
ginia,  John  Slidell,  of  Louisiana,  and  L.  O.  C.  Lamar,  of  Mis 
sissippi.  Messrs.  Yancey  and  Mason  spent  much  of  their 
time  at  the  Court  of  St.  James,  Mr.  Slidell,  at  Paris.  Mr.  Rost, 
at  Madrid.  Mr.  Lamar.  at  St.  Petersburg,  and  Mr.  Mann,  at 
Brussels,  although  each  made  visits  to  other  capitals.  John  T. 
Pickett  was  the  Commissioner  to  Mexico.  The  foreign  cor 
respondence,  therefore,  was  written  and  signed  in  the  most  part 
by  these  gentlemen,  or  some  one  of  them.  The  letters  to  them 
emanated  from  the  State  Department,  and  were  signed  by  the 
Secretary  for  the  time  being.  The  Secretaries  of  State  were  Rob 
ert  Toombs,  of  Georgia,  Robert  M.  T.  Hunter,  of  Virginia,  and 
Judah  P.  Benjamin,  of  Louisiana,  in  the  order  named,  all  schol 
arly  men  of  the  highest  culture,  and  all  of  them  prior  to  the 
war  had  been  members  of  the  United  States  Senate.  Mr.  Ma 
son  and  Mr.  Slidell  had  also  been  members  of  that  body,  and 
Mr.  Yancey  had  been  a  member  of  the  House  of  Representatives. 
All  of  them  had  also  held  other  high  positions  in  their  respective 
States.  Some  of  the  papers  are  signed  by  William  M.  Browne, 
of  Mississippi,  who  occasionally  acted  as  Secretary  of  State. 

When  the  war  closed,  the  soldiers  of  both  sides  of  the  four 
years'  desperate  conflict  returned  to  their  peaceful  pursuits,  and 
were  soon  busv  in  their  efforts  to  recover  lost  fortunes  and  to  gain 


x  Messages  and  Papers  of  the  Confederacy. 

the  mastery  over  new  and  complicated  questions  arising  out  of 
changed  conditions.  For  these  and  other  reasons,  they  did  not  be 
stow  attention  upon  this  correspondence,  and  it  has  never  been 
unearthed  and  given  to  the  public  in  either  the  Southern  or 
Northern  States.  It  will,  therefore,  be  new  in  both  sections,  and 
the  people  of  each  must  alike  find  enjoyment  and  pleasure  in 
reading  it.  Interest  in  it  will  begin  with  the  first  notes  given  the 
Commissioners  by  the  Government,  and  their  departure  for  Eu 
rope.  The  story  of  their  efforts  to  evade  the  blockade  of  the 
Southern  ports,  the  successful  passage  of  Mason  and  Slidell  from 
their  own  shores  to  Cuba,  and  their  embarkment  for  Europe  on 
an  English  vessel,  from  which  they  were  captured  on  the  high 
seas,  and  brought  to  the  United  States  as  prisoners,  the  peremp 
tory  demand  by  Great  Britain  upon  the  United  States  for  their 
restoration  to  her  ships,  the  compliance  with  this  demand,  and 
their  safe  arrival  and  reception  in  Europe  are  all  of  thrilling  in 
terest,  even  at  this  remote  day. 

If  the  United  States  Government  had  persisted  in  holding  these 
gentlemen,  it  would  in  all  probability  have  become  embroiled  in 
war  with  Great  Britain,  the  results  of  which  no  one  could  have 
foretold ;  nor  is  it  possible  to  conceive  what  might  have  been  the 
effect  of  such  a  war  upon  the  fate  and  fortunes  of  the  Con 
federacy. 

When  divested  of  the  sad  memories  of  that  dark  and  gloomy 
period,  this  correspondence  reads  almost  like  romance. 

From  Mexico  there  will  be  found  valuable  and  important  cor 
respondence.  These  communications  are  mainly  to  and  from 
Mr.  Pickett,  and  in  them,  among  other  things  of  interest,  will 
be  found  something  of  the  story  of  the  installation  by  France  of 
Maximilian,  the  unfortunate  young  Austrian  archduke,  upon  the 
throne  as  Emperor  of  Mexico,  which  he  subsequently  lost,  and 
which  cost  him  his  life. 

The  reader  will  find  a  carefully  prepared  Index  in  each  volume, 
which  will  materially  assist  in  the  investigation  of  the  subjects 
therein  discussed.  These  Indices  are  largely  the  labor  of  my 
son,  James  D.  Richardson,  Jr.,  who  has  also  aided  me  in  the  en 
tire  work.  JAMES  D.  RICHARDSON. 

January  i,  1905. 


Contents  of  Volume  I. 

PAGB 

RESOLUTION  PERMITTING  THE  COMPILATION v 

PREFATORY  NOTE vii 

PROVISIONAL  CONSTITUTION 3 

BIOGRAPHICAL  SKETCH  or  JEFFERSON  DAVIS 17 

PROVISIONAL  CONGRESS  : 
First  Session : 

Election  of  President  and  Vice  President 29 

Notification  of  Election  to  President  and  Vice  President.  30 

Inauguration  of  President 31 

Inaugural  Address 32 

PERMANENT  CONSTITUTION 37 

PROVISIONAL  CONGRESS  : 

Eirst  Session  (Continued)  : 

Messages    55 

Letter  of  President  Davis  to  President  Lincoln 55 

Messages   5^ 

Veto  Message 59 

Proclamations   60 

Second  Session  (Called)  : 

Messages   63 

Veto  Messages 100 

Proclamations   102 

Act  Recognizing  Existence  of  War,  etc 104 

President's  Instructions  to  Private  Armed  Vessels.  .  .  .  in 

Act  Amending  Act  Recognizing  Existence  of  War,  etc..  113 

Resolution  of  Thanks 114 

Letter  of  President  Davis  to  President  Lincoln 115 

Third  Session: 

* 

Messages   i T  7 

Despatch  of  President  Davis  to  the  Congress 124 

(xi) 


xii  Messages  and  Papers  of  the  Confederacy. 

PAGE 

Messages   125 

Veto   Message 1 30 

Proclamations 131 

Resolutions  of  Thanks 133 

Fourth  Session  (Called)  : 

Message 134 

Proclamation 135 

Fifth  Session : 

Messages   136 

Veto  Messages 1 56 

Proclamations   166 

Resolutions  of  Thanks 168 

BIOGRAPHICAL  SKETCH  OF  ALEXANDER  H.  STEPHENS 173 

FIRST  CONGRESS: 
First  Session : 

Inauguration  of  President 181 

Inaugural   Address .  183 

Messages   189 

Veto  Messages 215 

Proclamations   217 

Addresses   228 

Resolutions  of  Thanks 230 

Second  Session: 

Messages   232 

Veto  Messages 262 

Proclamations 268 

Resolutions  of  Thanks 275 

Third  Session: 

Messages   276 

Veto  Messages 320 

Proclamations   324 

Addresses 331 

Resolutions  of  Thanks 337 

Appointment   of  Vice   President   Stephens   as   Military 

Commissioner  to  United  States 339 

Letter  of  President  Davis  to  President  Lincoln 343 


Contents  of  Volume  /.  xiii 

Fourth  Session :  PAGK 

Messages   345 

Veto  Messages 408 

Proclamation 412 

Address 414 

Official  Regulations  to  Carry  into  Effect  Act  to  Impose 

Regulations  upon  Foreign  Commerce,  etc 417 

Resolutions  of  Thanks 420 

BIOGRAPHICAL  SKETCH  OF  ROHERT  E.  LEE 437 

SECOND  CONGRESS  : 
First  Session  : 

Messages    443 

Veto  Messages 457 

Address 477 

Resolutions  of  Thanks 479 

Second  Session : 

Messages 482 

Message  of  President  Lincoln  on  the  Hampton  Roads 

Conference,  Including  Correspondence 521 

Veto  Messages 553 

Proclamations   563 

Address 568 

Act  Providing  for  Appointment  of  General  in  Chief.  .  .  .  570 

Communication  from  President's  Private  Secretary.  .  .  .  570 

573 


Illustrations. 


PAGE 

CONFEDERATE   CAPITOL  AT   MONTGOMERY Frontispiece 

JEFFERSON  DAVIS 16 

ALEXANDER  H.  STEPHENS i?2 

ROBERT  E.  LEE 

(XV) 


Constitution  for  the  Provisional 
Government. 


Constitution  for  the  Provisional 
Government. 

We,  the  deputies  of  the  sovereign  and  independent  States  of 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  and  Lou 
isiana,  invoking  the  favor  of  Almighty  God,  do  hereby,  in  behalf 
of  these  States,  ordain  and  establish  this  Constitution  for  the  Pro 
visional  Government  of  the  same :  to  continue  one  year  from  the 
inauguration  of  the  President,  or  until  a  permanent  constitution  or 
confederation  between  the  said  States  shall  be  put  in  operation, 
whichsoever  shall  first  occur. 

ARTICLE  I. 

Section  i.  All  legislative  powers  herein  delegated  shall  be  vested 
in  this  Congress  now  assembled  until  otherwise  ordained. 

Sec.  2.  When  vacancies  happen  in  the  representation  from  any 
State,  the  same  shall  be  filled  in  such  manner  as  the  proper  au 
thorities  of  the  State  shall  direct. 

Sec.  3.  (i)  The  Congress  shall  be  the  judge  of  the  elections; re 
turns,  and  qualifications  of  its  members ;  any  number  of  deputies 
from  a  majority  of  the  States,  being  present,  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of  ab 
sent  members ;  upon  all  questions  before  the  Congress,  each  State 
shall  be  entitled  to  one  vote,  and  shall  be  represented  by  any  one  or 
more  of  its  deputies  who  may  be  present. 

(2)  The  Congress  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  con 
currence  of  two-thirds,  expel  a  member. 

(3)  The  Congress  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as  may 
in  their  judgment  require  secrecy:  and  the  yeas  and  nays  of  the 
members  on  any  question  shall,  at  the  desire  of  one-fifth  of  those 

(3) 


4  Messages  and  Papers  of  the  Confederacy. 

present,  or  at  the  instance  of  any  one  State,  be  entered  on  the 
journal. 

Sec.  4.  The  members  of  Congress  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
Treasury  of  the  Confederacy.  They  shall  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  the  Congress,  and  in 
going  to  and  returning  from  the  same ;  and  for  any  speech  or  de 
bate  they  shall  not  be  questioned  in  any  other  place. 

Sec.  5.  (i)  Every  bill  which  shall  have  passed  the  Congress 
shall,  before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederacy ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  Congress,  who  shall  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  the  Congress  shall 
agree  to  pass  the  bill,  it  shall  become  a  law.  But  in  all  such  cases 
the  vote  shall  be  determined  by  yeas  and  nays ;  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal.  If  any  bill  shall  not  be  returned  by  the  President  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  Congress,  by  their  adjournment,  prevent  its  return; 
in  which  case  it  shall  not  be  a  law.  The  President  may  veto  any 
appropriation  or  appropriations  and  approve  any  other  appropria 
tion  or  appropriations  in  the  same  bill. 

(2)  Every  order,  resolution,  or  vote  intended  to  have  the  force 
and  effect  of  a  law,  shall  be  presented  to  the  President,  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or,  being  dis 
approved  by  him,  shall  be  repassed  by  two-thirds  of  the  Congress, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a 
bill. 

(3)  Until  the  inauguration  of  the  President,  all  bills,  orders, 
resolutions,  and  votes  adopted  by  the  Congress  shall  be  of  full 
force  without  approval  by  him. 

Sec.  6.  (i)  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises  for  the  revenue  necessary  to 
pay  the  debts  and  carry  on  the  Government  of  the  Confederacy; 
and  all  duties,  imposts,  and  excises  shall  be  uniform  throughout 
the  States  of  the  Confederacy. 


Constitution  for  the  Provisional  Government.  5 

(2)  To  borrow  money  on  the  credit  of  the  Confederacy. 

(3)  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes. 

(4)  To  establish  a  uniform  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  Confederacy. 

(5)  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures. 

(6)  To  provide  for  the  punishment  of  counterfeiting  the  se 
curities  and  current  coin  of  the  Confederacy. 

(7)  To  establish  post  offices  and  post  roads. 

(8)  To  promote  the  progress  of  science  and  useful  arts  by  se 
curing,  for  limited  times,  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries. 

(9)  To  constitute  tribunals  inferior  to  the  Supreme  Court. 

(10)  To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offenses  against  the  law7  of  nations. 

(n)  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water. 

(12)  To  raise  and  support  armies;  but  no  appropriation   of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

(13)  To  provide  and  maintain  a  navy. 

(14)  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

(15)  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Confederacy,  suppress  insurrections,  and  repel  invasions. 

(16)  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  Confederacy,  reserving  to  the  States  respec 
tively  the  appointment  of  the  officers,  and  the  authority  of  training 
the  militia  according  to  the  discipline  prescribed  by  Congress. 

(17)  To  make  all  laws  that  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers  and  all  other  powers 
expressly  delegated  by  this  Constitution  to  this  Provisional  Gov 
ernment. 

(18)  The  Congress  shall  have  power  to  admit  other  States. 

(19)  This  Congress  shall  also  exercise  executive  powers,  until 
the  President  is  inaugurated. 

Sec.  7.  (i)  The  importation  of  African  negroes  from  aiy  for 
eign  country  other  than  the  slave-holding  States  of  the  United 


6  Messages  and  Papers  of  the  Confederacy. 

States,  is  hereby  forbidden  ;  and  Congress  are  required  to  pass  such 
laws  as  shall  effectually  prevent  the  same. 

(2)  The  Congress  shall  also  have  power  to  prohibit  the  intro 
duction  of  slaves  from  any  State  not  a  member  of  this  Confed 
eracy. 

(3)  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus 
pended  unless,  when  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

(4)  No  bill  of  attainder  or  c.\-  post  facto  law  shall  be  passed. 

(5)  No  preference  shall  be  given,  by  any  regulation  of  commerce 
or  revenue,  to  the  ports  of  one  State  over  those  of  another ;  nor 
shall  vessels  bound  to  or  from  one  State  be  obliged  to  enter,  clear, 
or  pay  duties  in  another. 

(6)  No  money  shall  be  drawn  from  the  treasury,  but  in  conse 
quence  of  appropriations  made  by  law;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

(7)  Congress  shall  appropriate  no  money  from  the  treasury,  un 
less  it  be  asked  and  estimated  for  by  the  President  or  some  one  of 
the  heads  of  departments,  except  for  the  purpose  of  paying  its  own 
expenses  and  contingencies. 

(8)  No  title  of  nobility  shall  be  granted  by  the  Confederacy ; 
and  no  person  holding  any  office  of  profit  or  trust  under  it  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu 
ment,  office,  or  title  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  state. 

(9)  Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof,  or  abridging 
the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  Government  for  a  re 
dress  of  such  grievances  as  the  delegated  powers  of  this  Govern 
ment  may  warrant  it  to  consider  and  redress. 

(10)  A  well-regulated  militia  being  necessary  to  the  security  of 
a  free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

(n)  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  man 
ner  to  be  prescribed  by  law. 

(12)  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 


Constitution  for  the  Provisional  Government.  7 

papers,  and  effects  against  unreasonable  searches  and  seizures 
shall  not  be  violated ;  and  no  warrants  shall  issue  but  upon  prob 
able  cause,  supported  by  oath  or  affirmation,  and  particularly  de 
scribing"  the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

(13)  No  person  shall  be  held  to  answer  for  a  capital  or  other 
wise  infamous  crime  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same  offense  to  be 
twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself ;  nor  be  deprived  of 
life,  liberty,  or  property  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

(14)  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation ;  to  be  con 
fronted   with   the   witnesses   against   him ;    to   have   compulsory 
process  for  obtaining  witnesses  in  his  favor ;  and  to  have  the  as 
sistance  of  counsel  for  his  defense. 

(15)  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre 
served  ;  and  no  fact  tried  by  a  jury  shall  be  otherwise  reexamined 
in  any  court  of  the  Confederacy  than  according  to  the  rules  of  the 
common  law. 

(16)  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

(17)  The  enumeration,   in  the  Constitution,  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

f:8)  The  powers  not  delegated  to  the  Confederacy  by  the  Con 
stitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

( 19)  The  judicial  power  of  the  Confederacy  shall  not  be  con 
strued  to  extend  to  any  suit  in  law  or  equity,  commenced  or  prose 
cuted  against  one  of  the  States  of  the  Confederacy,  by  citizens  of 
another  State,  or  by  citizens  or  subjects  of  any  foreign  state. 


8  Messages  and  Papers  of  the  Confederacy. 

Sec.  8.  ( I )  No  State  shall  enter  into  any  treaty,  alliance,  or  con 
federation  ;  grant  letters  of  marque  and  reprisal ;  coin  money ;  emit 
bills  of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts ;  or  grant  any  title  of 
nobility. 

(2)  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  abso 
lutely  necessary  for  executing  its  inspection  laws ;  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  State  on  imports  or 
exports,  shall  be  for  the  use  of  the  Treasury  of  the  Confederacy, 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  enter  into  any  agreement  or  compact  with 
another  State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not  admit  of 
delay. 

ARTICLE  II. 

Section  i.  (i)  The  executive  power  shall  be  vested  in  a  Presi 
dent  of  the  Confederate  States  of  America.  He,  together  with 
the  Vice  President,  shall  hold  his  office  for  one  year,  or  until  this 
Provisional  Government  shall  be  superseded  by  a  permanent  gov 
ernment,  whichsoever  shall  first  occur. 

(2)  The  President  and  Vice  President  shall  be  elected  by  ballot 
by  the  States  represented  in  this  Congress,  each  State  casting  one 
vote,  and  a  majority  of  the  whole  being  requisite  to  elect. 

(3)  No  person,  except  a  natural  born  citizen,  or  a  citizen  of  one 
of  the  States  of  this  Confederacy  at  the  time  of  the  adoption  of 
this  Constitution,  shall  be  eligible  to  the  office  of  President ;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have  at 
tained  the  age  of  thirty-five  years,  and  been  fourteen  years  a  resi 
dent  of  one  of  the  States  of  this  Confederacy. 

(4)  In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office  (which  inability  shall  be  determined  by  a  vote  of 
two-thirds  of  the  Congress),  the  same  shall  devolve  on  the  Vice 
President;  and  the  Congress  may  by  law  provide  for  the  case  of 
removal,  death,  resignation,  or  inability,  both  of  the  President  and 


Constitution  for  the  Provisional  Government.  9 

Vice  President,  declaring  what  officer  shall  then  act  as  President ; 
and  such  officer  shall  act  accordingly  until  the  disability  be  re 
moved  or  a  President  shall  be  elected. 

(5)  The  President  shall  at  stated  times  receive  for  his  services, 
during  the  period  of  the  Provisional  Government,  a  compensation 
at  the  rate  of  $25,000  per  annum ;  and  he  shall  not  receive  during 
that  period  any  other  emolument  from  this  Confederacy,  or  any 
of  the  States  thereof. 

(6)  Before  he  enter  on  the  execution  of  his  office  he  shall  take 
the  following  oath  or  affirmation  : 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  Confederate  States  of  America,  and  will, 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the  Con 
stitution  thereof. 

Sec.  2.  (i)  The  President  shall  be  Commander-in-Chief  of  the 
Army  and  Navy  of  the  Confederacy,  and  of  the  militia  of  the  sev 
eral  States,  when  called  into  the  actual  service  of  the  Confederacy : 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices  ;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  Confederacy,  ex 
cept  in  cases  of  impeachment. 

(2)  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  Congress,  to  make  treaties;  provided  two-thirds  of  the  Con 
gress  concur ;  and  he  shall  nominate,  and,  by  and  with  the  advice 
and  consent  of  the  Congress,  shall  appoint  ambassadors,   other 
public  ministers,  and  consuls,  judges  of  the  courts,  and  all  other 
officers  of  the   Confederacy   whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law 
But  the  Congress  may,  by  law,  vest  the  appointment  of  such  in 
ferior  officers  as  they  think  proper  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

(3)  The  President  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  Congress,  by  granting  com 
missions,  which  shall  expire  at  the  end  of  their  next  session. 

Sec.  3.  (i)  He  shall,  from  time  to  time,  give  to  the  Congress 
informatics  of  the  state  of  the  Confederacy,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  necessary  and 
expedient;  he  may,  on  extraordinary  occasions,  convene  the  Con 


io  Messages  and  Papers  of  the  Confederacy. 

gress  at  such  times  as  he  shall  think  proper ;  he  shall  receive  am 
bassadors  and  other  public  ministers ;  he  shall  take  care  that  the 
laws  be  faithfully  executed ;  and  shall  commission  all  the  officers 
of  the  Confederacy. 

(2)  The  President,  Vice  President,  and  all  civil  officers  of  the 
Confederacy  shall  be  removed  from  office  on  conviction  by  the 
Congress  of  treason,  bribery,  or  other  high  crimes  and  misde 
meanors  :  a  vote  of  two-thirds  shall  be  necessary  for  such  con 
viction. 

ARTICLE  III. 

Section  i.  (i)  The  judicial  power  of  the  Confederacy  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts  as  are 
herein  directed,  or  as  the  Congress  may  from  time  to  time  ordain 
and  establish. 

(2)  Each  State  shall  constitute  a  district,  in  which  there  shall 
be  a  court  called  a  district  court,  which,  until  otherwise  provided 
by  the  Congress,  shall  have  the  jurisdiction  vested  by  the  laws  of 
the  United  States,  as  far  as  applicable,  in  both  the  district  and 
circuit  courts  of  the  United  States,  for  that  State;  the  judge 
whereof  shall  be  appointed  by  the  President,  by  and  with  the  ad 
vice  and  consent  of  the  Congress,  and  shall,  until  otherwise  pro 
vided  by  the  Congress,  exercise  the  power  and  authority  vested  by 
the  laws  of  the  United  States  in  the  judges  of  the  district  and  cir 
cuit  courts  of  the  United  States,  for  that  State,  and  shall  appoint 
the  times  and  places  at  which  the  courts  shall  be  held.  Appeals  may 
be  taken  directly  from  the  district  courts  to  the  Supreme  Court, 
under  similar  regulations  to  those  which  are  provided  in  cases  of 
appeal  to  the  Supreme  Court  of  the  United  States,  or  under  such 
regulations  as  may  be  provided  by  the  Congress.  The  commissions 
of  all  the  judges  shall  expire  with  this  Provisional  Government.* 

*This  paragraph  was  amended  as  follows: 

Be  it  ordained  by  the  Congress  of  the  Confederate  States  of  America,  That 
the  second  paragraph  of  the  first  section  of  the  third  article  of  the  Consti 
tution  of  the  Confederate  States  of  America  be  so  amended  in  the  first  line 
of  said  paragraph  as  to  read,  "Each  State  shall,  until  otherwise  enacted  by 
law,  constitute  a  district;"  and  in  the  sixth  line, after  the  word  "judge, "add 
"or  judges." 

Approved  May  21,  1861. 


Constitution  for  the  Provisional  Government.  n 

(3)  The  Supreme  Court  shall  be  constituted  of  all  the  district 
judges,  a  majority  of  whom  shall  be  a  quorum,  and  shall  sit  at 
such  times  and  places  as  the  Congress  shall  appoint. 

(4)  The  Congress  shall  have  power  to  make  laws  for  the  trans 
fer  of  any  causes  which  were  pending  in  the  courts  of  the  United 
States,  to  the  courts  of  the  Confederacy,  and  for  the  execution  of 
the  orders,  decrees,  and  judgments  heretofore  rendered  by  the  said 
courts  of  the  United  States ;  and  also  all  laws  which  may  be  requi 
site  to  protect  the  parties  to  all  such  suits,  orders,  judgments,  or 
decrees,  their  heirs,  personal  representatives,  or  assignees. 

Sec.  2.  ( i )  The  judicial  power  shall  extend  to  all  cases  of  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  of  this  Confederacy,  and  treaties  made,  or  which  shall 
be  made,  under  its  authority;  to  all  cases  affecting  ambassadors, 
other  public  ministers,  and  consuls ;  to  all  cases  of  admiralty  and 
maritime  jurisdiction;  to  controversies  to  which  the  Confederacy 
shall  be  a  party ;  controversies  between  two  or  more  States ;  be 
tween  citizens  of  different  States  ;  between  citizens  of  the  same 
State  claiming  lands  under  grants  of  different  States. 

(2)  In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Su 
preme  Court  shall  have  original  jurisdiction.    In  all  the  other  cases 
before  mentioned,  the  Supreme  Court  shall  have  appellate  juris 
diction,  both  as  to  law  and  fact,  with  such  exceptions  and  under 
such  regulations  as  the  Congress  shall  make. 

(3)  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury,  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed  ;  but  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  law  have  directed. 

Sec.  3.  (i)  Treason  against  this  Confederacy  shall  .consist  only 
in  levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  con 
fession  in  open  court. 

(2)  The  Congress  shall  have  po\ver  to  declare  the  punishment  of 
treason  ;  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  of  the  person  attainted. 


12  Messages  and  Papers  of  the  Confederacy. 

ARTICLE  IV. 

Section  i.  (i)  Full  faith  and  credit  shall  be  given  in  each  State 
to  the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  such  acts,  records,  and  proceedings  shall  be 
proved  and  the  effect  of  such  proof. 

Sec.  2.  ( i )  The  citizens  of  each  State  shall  be  entitled  to  all  priv 
ileges  and  immunities  of  citizens  in  the  several  States. 

(2)  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

(3)  A  slave  in  one  State,  escaping  to  another,  shall  be  delivered 
up  on  claim  of  the  party  to  whom  said  slave  may  belong  by  the  ex 
ecutive  authority  of  the  State  in  which  such  slave  shall  be  found, 
and  in  case  of  any  abduction  or  forcible  rescue,  full  compensation, 
including  the  value  of  the  slave  and  all  costs  and  expenses,  shall 
be  made  to  the  party,  by  the  State  in  which  such  abduction  or 
rescue  shall  take  place. 

Sec.  3.  (i)  The  Confederacy  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion ;  and,  on  application  of  the  Legislature, 
or  of  the  Executive  (when  the  Legislature  cannot  be  convened), 
against  domestic  violence. 

ARTICLE  V. 

i.  The  Congress,  by  a  vote  of  two-thirds,  may,  at  any  time,  alter 
or  amend  this  Constitution. 

ARTICLE  VI. 

1.  This  Constitution,  and  the  laws  of  the  Confederacy  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  Confederacy,  shall  be  the 
supreme  law  of  the  land;  and  the  judges  in  every  State  shall  be 
bound  thereby,  anything  in  the  constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding. 

2.  The  Government  hereby  instituted  shall  take  immediate  steps 


Constitution  for  the  Provisional  Govei~nment.  13 

for  the  settlement  of  all  matters  between  the  States  forming  it,  and 
their  other  late  confederates  of  the  United  States  in  relation  to  the 
public  property  and  public  debt  at  the  time  of  their  withdrawal 
from  them;  these  States  hereby  declaring  it  to  be  their  wish  and 
earnest  desire  to  adjust  everything  pertaining  to  the  common  prop 
erty,  common  liability,  and  common  obligations  of  that  Union, 
upon  the  principles  of  right,  justice,  equity,  and  good  faith. 

3.  Until  otherwise  provided  by  the  Congress,  the  city  of  Mont 
gomery,  in  the  State  of  Alabama,  shall  be  the  seat  of  government. 

4.  The  members  of  the  Congress  and  all  executive  and  judicial 
officers  of  the  Confederacy  shall  be  bound  by  oath  or  affirmation  to 
support  this  Constitution ;  but  no  religious  test  shall  be  required  as 
a  qualification  to  any  office  or  public  trust  under  this  Confederacy. 

Done  in  the  Congress,  by  the  unanimous  consent  of  all  the  said 
States,  the  eighth  day  of  February,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  of  the  Confederale 
States  of  America  the  first. 

In  witness  whereof  we  have  hereunto  subscribed  our  names. 

HOWELL  COBB,  President  of  the  Congress. 
South  Carolina:  R.   Barnwell  Rhett,  R.  W.  Barnwell. 
James    Chesnut,    Jr.,    C.    G.    Memminger,    William 
Porcher  Miles,  Lawrence  M.  Keitt,  William  W.  Boyce, 
Thomas  J.  Withers. 

Georgia  :  R.  Toombs,  Francis  S.  Bartow,  Martin  J.  Craw 
ford,  E.  A.  Nisbet,  Benjamin  H.  Hill,  Augustus  R. 
Wright,  Thomas  R.  R.  Cobb,  A.  H.  Kenan,  Alexander 
H.  Stephens. 
Florida:  Jackson  Morton,  James  B.  Owens,  J.   Patton 

Anderson. 

Alabama :  Richard  W.  Walker,  Robert  H.  Smith,  Colin 
J.  McRae,  John  Gill  Shorter,  William  Parish  Chilton, 
Stephen  F.  Hale,  David  P.  Lewis,  Thomas  Fearn,  J.  L. 
M.  Curry. 

Mississippi :  Wr.  P.  Harris,  Alex.  M.  Clayton,  W.  S.  Wil 
son,  James  T.  Harrison,  Walker  Brooke,  William  S. 
Barry,  J.  A.  P.  Campbell. 

Louisiana:  John  Perkins,  Jr.,  Alex,  de  Clouet,  C.  M. 
Conrad,  Duncan  F.  Kenner,  Edward  Sparrow,  Henry 
Marshall. 


14  Messages  and  Papers  of  the  Confederacy. 

By  a  vote  of  the  Congress,  on  the  2d  day  of  March,  in  the  year 
1861,  the  deputies  from  the  State  of  Texas  were  authorized  to* 
sign  the  Provisional  Constitution  above  written. 

Attest.  J.  J.  HOOPER,  Secretary. 

Texas:  Thomas  N.  Waul,  Williamson  S.  Oldham,  John 
Gregg,  John  H.  Reagan,  W.  B.  Oehiltree,  John  Hemp- 
hill,  Louis  T.  Wigfall. 


Jefferson  Davis. 


Jefferson  Davis. 

Jefferson  Davis  was  born  in  that  part  of  Christian  County,  Ky., 
which  now  forms  Todd  County  on  June  3,  1808.  His  grandfa 
ther  was  a  colonist  from  Wales,  and  lived  in  Virginia  and  Alary- 
land,  and  rendered  important  public  service  to  both  while  they 
were  colonies.  His  father,  Samuel  Emory  Davis,  was  a  Revolu 
tionary  soldier,  as  were  also  his  brothers.  During  the  Revolution 
his  father  served  for  a  time  with  Georgia  cavalry,  and  was  an 
officer  in  the  infantry  in  the  siege  of  Savannah.  Three  of  the 
brothers  of  Jefferson  Davis,  all  older  than  himself,  participated  in 
the  war  of  1812 ;  two  of  them  were  with  Andrew  Jackson,  and  were 
specially  mentioned  by  him  for  gallantry  at  New  Orleans.  After 
the  Revolution  Samuel  Davis  removed  to  Kentucky,  where  he  re 
sided  for  a  time,  and,  when  Jefferson  Davis  was  an  infant,  re 
moved  with  his  family  to  a  place  near  Woodville,  Wilkinson  Coun 
ty,  Miss.  Jefferson  Davis  received  his  academic  education  in  early 
life  near  his  home,  and  then  entered  Transylvania  College,  Ken 
tucky,  but  in  1824  left  there  to  enter  the  United  States  Military 
Academy  at  West  Point,  having  been  appointed  as  a  cadet  by 
President  Monroe;  graduated  in  1828,  and  was  assigned  to  the 
First  Infantry  as  second  lieutenant ;  was  engaged  with  his  regi 
ment  in  several  battles  in  the  Black  Hawk  War  of  1831-32;  was 
transferred  to  a  new  command  called  the  First  Dragoons,  and  on 
March  4,  1833,  was  promoted  to  be  first  lieutenant,  and  was  ap 
pointed  adjutant;  was  actively  in  the  service,  fighting  the  Paw 
nees,  Comanches,  and  other  Indians  during  the  next  two  years ; 
but  on  June  30,  1835,  suddenly  resigned  and  entered  upon  the 
duties  of  civil  life.  It  is  said  that  he  was  persuaded  to  this  course 
by  his  uncle  and  other  relatives  who  considered  him  unusually 
qualified  to  win  distinction  in  a  civil  career.  He  married  Miss 
Sallie  Knox  Taylor,  the  daughter  of  Zachary  Taylor,  then  colonel 
of  the  First  Infantry,  and  became  a  cotton  planter  near  Vicksburg, 
Miss.,  being  about  twenty-seven  years  of  age.  His  wife  lived  only 
a  few  months.  In  1845,  'm  tne  month  of  February,  he  married 
2  (-7) 


1 8  Messages  and  Papers  of  the  Confederacy. 

Miss  Varina  Howell,  a  daughter  of  William  B.  Howell,  of  Natch 
ez,  Miss.  She  still  survives.  On  his  farm  he  pursued  a  course  of 
close  study,  preparing  himself  for  a  public  life.  In  1843  ne  en~ 
tered  politics  in  an  exciting  gubernatorial  campaign,  and  acquired 
reputation  as  a  popular  speaker.  In  1844  n€  was  an  elector  for  Polk 
and  Dallas,  and  in  1845  was  sent  to  Congress,  taking  his  seat  in  De 
cember  of  that  year.  The  Tariff,  the  Oregon  question,  the  Annex 
ation  of  Texas  were  live  issues,  and  he  took  an  active  part  at  once 
in  their  discussion,  giving  especial  attention  to  the  preparations 
for  war  with  Mexico.  In  a  speech  on  the  Oregon  question,  Feb 
ruary  6,  1846,  he  spoke  of  the  "love  of  the  Union  in  our  hearts;" 
and,  referring  to  the  battles  of  the  Revolution,  said :  "They  form 
a  monument  to  the  common  glory  of  our  common  country."  He 
advocated  converting  certain  forts  into  schools  of  instruction  for 
the  military  of  the  States.  War  having  begun  with  Mexico,  he 
determined  to  reenter  military  life,  and  promptly  resigned  from 
Congress  in  June,  1846,  and  accepted  the  position  of  colonel  of  the 
First  Mississippi  Volunteer  Rifles,  to  which  he  had  been  unani 
mously  elected.  He  joined  his  regiment  at  New  Orleans,  and  pro 
ceeded  with  it  to  the  Rio  Grande  to  reenforce  the  army  under  Gen. 
Taylor.  On  September  21,  1846,  he  led  his  disciplined  command  in 
the  battle  of  Monterey,  and  won  a  brilliant  victory  in  the  assault, 
without  bayonets,  on  Fort  Teneria,  advancing  through  the  streets 
nearly  to  the  Grand  Plaza  through  a  storm  of  shot  and  shell,  and 
served  later  on  the  commission  for  the  surrender  of  the  place.  At 
Buena  Vista  his  command  was  charged  by  a  Mexican  brigade  of 
lancers,  greatly  its  superior  in  numbers,  in  full  gallop,  in  a  desperate 
effort  to  break  the  American  lines,  but  Colonel  Davis  formed  his 
men  in  the  shape  of  the  letter  V,  the  flanks  resting  in  the  ravines, 
exposing  the  enemy  to  a  converging  fire,  utterly  routing  them. 
During  the  day  he  charged  up  and  broke  the  Mexican  lines  on 
their  right,  and  was  seriously  wounded,  remaining  on  the  field, 
however,  until  the  victory  was  won.  Later  he  was  complimented 
for  coolness  and  gallantry  under  fire,  by  General  Taylor  in  a  special 
dispatch.  On  the  expiration  of  its  term  of  enlistment,  his  regi 
ment  was  ordered  home.  Colonel  Davis  was  then  appointed 
brigadier  general  by  President  Polk,  but  he  declined  the  commis 
sion,  on  the  ground  that  a  militia  appointment  by  the  Federal  Ex 
ecutive  was  not  constitutional.  In  August,  1847,  ne  was  appointed 


Jefferson  Davis.  19 

by  the  Governor  of  Mississippi  to  the  vacancy  in  the  United  States 
Senate  caused  by  the  death  of  Senator  Spight,  and  took  his  seat 
December  6,  1847;  was  unanimously  elected  by  the  Legislature  in 
January,  1848,  for  the  remainder  of  the  term,  and  in  1850  was  re- 
elected  for  a  full  term.  He  was  made  Chairman  of  the  Senate 
Committee  on  Military  Affairs,  and  here,  as  in  the  House,  he  was 
active  in  the  discussions  of  the  slavery  question  in  its  various 
phases,  the  Compromise  Measures  of  1850,  and  all  other  important 
issues.  He  said  he  saw  very  little  in  the  compromise  legislation 
favorable  to  the  Southern  States,  and  declared  that  to  his  view  of 
it,  "it  bore  the  impress  of  that  sectional  spirit  so  widely  at  variance 
with  the  general  purposes  of  the  Union  and  destructive  of  the 
harmony  and  mutual  benefit  which  the  Constitution  was  intended 
to  secure."  He  favored  the  extension  of  the  Missouri  compromise 
line  to  the  Pacific  Ocean,  and  was  at  all  times  an  earnest  and  ar 
dent  advocate  of  the  rights  of  the  States.  Although  just  fairly 
entering  upon  a  full  term  of  six  years  in  the  Senate,  with  almost 
a  certainty  of  continued  service  in  that  distinguished  body,  he  re 
signed  his  seat  therein  after  a  brief  service,  and  accepted  the  nomi 
nation  for  governor  of  his  State.  His  party  at  the  preceding  elec 
tion  had  been  defeated  by  over  seven  thousand  majority,  and  while 
he  was  defeated  at  the  election  in  1851,  he  reduced  the  majority  to 
nine  hundred  and  ninety-nine.  After  a  year's  retirement  he  wras 
appointed  Secretary  of  War  in  the  Cabinet  of  Mr.  Pierce,  whom 
he  had  warmly  supported  for  the  presidency,  and  administered  the 
office  with  great  ability.  He  made  important  and  valuable  reforms 
in  the  military  service  while  filling  the  office  of  Secretary  of  War. 
Among  them  were  the  introduction  of  an  improved  system  of  in 
fantry  tactics,  iron  gun  carriages,  rilled  muskets  and  pistols,  and 
the  use  of  the  Minie  ball.  Four  regiments  were  added  to  the 
army,  the  defenses  on  the  seacoast  and  frontier  were  strengthened, 
and,  as  a  result  of  experiments,  heavy  guns  were  cast  hollow,  and 
a  larger  grain  of  powder  was  adopted.  He  promoted  surveys  of 
the  Western  Territories  with  a  view  to  the  construction  of  a  rail 
road  to  the  Pacific,  which  he  had  favored  as  a  Senator,  and  was 
deeply  interested  in  the  extension  of  the  Capitol  at  Washington 
City.  At  the  close  of  Mr.  Pierce's  term  he  left  the  Cabinet,  and  in 
the  same  year  (1857)  again  entered  the  Senate.  He  opposed  the 
bill  to  pay  French  spoliation  claims,  advocated  the  southern 


2O  Messages  and  Papers  of  the  Confederacy. 

route  for  the  Pacific  railroad,  and  opposed  Mr.  Douglas's  doc 
trine  of  ''popular  sovereignty."  On  July  9,  1861,  Mississippi  se 
ceded,  and  on  July  24 — having  been  officially  informed  of  the 
fact — he  delivered  a  farewell  address,  and  withdrew  from  the 
Senate  and  went  to  his  home.  Before  reaching  his  home  he  had 
been  appointed  by  the  convention  of  his  State  commander  in 
chief  of  the  Army  of  Mississippi,  with  the  rank  of  major  general. 
On  February  9  he  was  elected  President  of  the  Provisional  Gov 
ernment  of  the  Confederate  States,  at  Montgomery,  Ala.,  and  on 
the  i8th  day  of  the  same  month  he  was  inaugurated  as  such 
President.  He  delivered  an  inaugural  address  that  day,  which 
he  said  was  deliberately  prepared  and  uttered  as  written,  and,  in 
connection  with  his  farewell  speech  to  the  Senate,  presented  a 
clear  and  authentic  statement  of  the  principles  and  purposes  which 
actuated  him  in  assuming  the  duties  of  the  high  office  to  which  he 
had  been  called.  In  this  inaugural  address,  among  other  things, 
he  said:  "Our  present  political  position  has  been  achieved  in  a 
manner  unprecedented  in  the  history  of  nations.  It  illustrates  the 
American  idea  that  governments  rest  on  the  consent  of  the  gov 
erned,  and  that  it  is  the  right  of  the  people  to  alter  or  abolish  them 
at  will  whenever  they  become  destructive  of  the  ends  for  which 
they  were  established.  The  declared  purpose  of  the  compact  of  the 
Union  from  which  we  have  withdrawn  was  to  'establish  justice,  in 
sure  domestic  tranquillity,  provide  for  the  common  defense,  pro 
mote  the  general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity ;'  and  when,  in  the  judgment  of  the 
sovereign  States  composing  this  Confederacy,  it  has  been  pervert 
ed  from  the  purposes  for  which  it  was  ordained,  and  ceased  to  an 
swer  the  ends  for  which  it  was  established,  a  peaceful  appeal  to 
the  ballot  box  declared  that,  so  far  as  they  are  concerned,  the  gov 
ernment  created  by  that  compact  should  cease  to  exist.  In  this 
they  merely  asserted  the  right  which  the  Declaration  of  Independ 
ence  of  July  4,  1776,  denned  to  be  'inalienable.'  Of  the  time  and 
occasion  of  its  exercise  they  as  sovereigns  were  the  final  judges, 
each  for  itself.  The  impartial  and  enlightened  verdict  of  mankind 
will  vindicate  the  rectitude  of  our  conduct;  and  He  who  knows 
the  hearts  of  men  will  judge  of  the  sincerity  with  which  we  have 
labored  to  preserve  the  government  of  our  fathers  in  its  spirit. 
The  right  solemnly  proclaimed  at  the  birth  of  the  United  States, 


Jefferson  Davis.  21 

and  which  has  been  solemnly  affirmed  and  reaffirmed  in  the  Bills 
of  Rights  of  the  States  subsequently  admitted  into  the  Union  of 
1789,  undeniably  recognizes  in  the  people  the  power  to  resume  the 
authority  delegated  for  the  purposes  of  government.  Thus  the 
sovereign  States  here  represented  have  proceeded  to  form  this 
Confederacy;  and  it  is  by  abuse  of  language  that  their  act  has 
been  denominated  a  revolution.  They  formed  a  new  alliance,  but 
within  each  State  its  government  has  remained ;  so  that  the  rights 
of  person  and  property  have  not  been  disturbed.  The  agent 
through  which  they  communicated  with  foreign  nations  is  changed, 
but  this  does  not  necessarily  interrupt  their  international  relations. 
Sustained  by  the  consciousness  that  the  transition  from  the  former 
Union  to  the  present  Confederacy  has  not  proceeded  from  a  disre 
gard  on  our  part  of  just  obligations,  or  any  failure  to  perform 
every  constitutional  duty,  moved  by  no  interest  or  passion  to  in 
vade  the  rights  of  others,  anxious  to  cultivate  peace  and  commerce 
with  all  nations,  if  we  may  not  hope  to  avoid  war,  we  may  at  least 
expect  that  posterity  will  acquit  us  of  having  needlessly  engaged 
in  it."  Again,  he  said :  "We  have  entered  upon  the  career  of  in 
dependence,  and  it  must  be  inflexibly  pursued.  Through  many 
years  of  controversy  with  our  late  associates  of  the  Northern 
States  we  have  vainly  endeavored  to  secure  tranquillity  and  obtain 
respect  for  the  rights  to  which  we  were  entitled.  As  a  necessity, 
not  a  choice,  we  have  resorted  to  the  remedy  of  separation,  and 
henceforth  our  energies  must  be  directed  to  the  conduct  of  our  own 
affairs,  and  the  perpetuity  of  the  Confederacy  which  we  have 
formed.  If  a  just  perception  of  mutual  interest  shall  permit  us 
peaceably  to  pursue  our  separate  political  career,  my  most  earnest 
desire  will  have  been  fulfilled.  But  if  this  be  denied  to  us,  and  the 
integrity  of  our  territory  and  jurisdiction  be  assailed,  it  will  but 
remain  for  us  with  firm  resolve  to  appeal  to  arms  and  invoke  the 
blessing  of  Providence  on  a  just  cause."  Continuing,  he  said: 
"With  a  Constitution  differing  only  from  that  of  our  fathers  in  so 
far  as  it  is  explanatory  of  their  well-known  intent,  freed  from 
sectional  conflicts,  which  have  interfered  with  the  pursuit  of  the 
general  welfare,  it  is  not  unreasonable  to  expect  that  States  from 
which  we  have  recently  parted  may  seek  to  unite  their  fortunes  to 
ours  under  the  government  which  we  have  instituted." 

He  insisted  that  he  and  those  associated  with  him  were  "actu- 


22  Messages  and  Papers  of  the  Confederacy. 

ated  solely  by  the  desire  to  preserve  our  own  rights  and  to  promote 
our  own  welfare/'  and  that  "the  separation  by  the  Confederate 
States  has  been  marked  by  no  aggression  upon  others,  and  fol 
lowed  by  no  domestic  convulsion."     He  said:  "Should  reason 
guide  the  action  of  the  government  from  which  we  have  separated, 
a  policy  so  detrimental  to  the  civilized  world,  the  Northern  States 
included,  could  not  be  dictated  by  even  the  strongest  desire  to  in 
flict  injury  upon  us;  but,  if  the  contrary  should  prove  true,  a  ter 
rible  responsibility  will  rest  upon  it,  and  the  suffering  of  millions 
will  bear  testimony  to  the  folly  and  wickedness  of  our  aggressors." 
Near  the  close  of  his  inaugural  he  used  these  words:  "We  have 
changed  the  constituent  parts,  but  not  the  system  of  government. 
The  Constitution  framed  by  our  fathers  is  that  of  these  Confeder 
ate  States.    In  their  exposition  of  it,  and  in  the  judicial  construc 
tion  it  has  received,  we  have  a  light  which  reveals  its  true  mean 
ing.    Thus  instructed  as  to  the  true  meaning  and  just  interpreta 
tion  of  that  instrument,  and  ever  remembering  that  all  offices  are 
but  trusts  held  for  the  people,  and  that  powers  delegated  are  to 
be  strictly  construed,  I  will  hope  by  due  diligence  in  the  perform 
ance  of  my  duties,  though  I  may  disappoint  your  expectations,  yet 
to  retain,  when  retiring,  something  of  the  good  will  and  confidence 
which  welcome  my  entrance  into  office."    In  his  message  to  Con 
gress  of  April  29,  1 86 1,  shortly  after  the  opening  of  the  war  at 
Fort  Sumter,  he  made  official  announcement  of  the  purpose  and 
policy  of  the  government  at  Montgomery  in  regard  to  the  war. 
He  said:   "We  feel  that  our  cause  is  just  and  holy;   we  protest 
solemnly  in  the  face  of  mankind  that  we  desire  peace  at  any  sacri 
fice  save  that  of  honor  and  independence ;  we  seek  no  conquest,  no 
aggrandizement,  no  concession  of  any  kind  from  the  States  with 
which  we  were  lately  confederated ;  all  we  ask  is  to  be  let  alone ; 
that  those  who  never  held  power  over  us  shall  not  now  attempt  our 
subjugation  by  arms.    This  we  will,  this  we  must,  resist  to  the 
direst  extremity.    The  moment  that  this  pretension  is  abandoned 
the  sword  will  drop  from  our  grasp,  and  we  shall  be  ready  to 
enter  into  treaties  of  amity  and  commerce  that  cannot  but  be 
mutually  beneficial.     So  long  as  this  pretension  is  maintained, 
with  a  firm  reliance  on  that  divine  power  which  covers  with  its 
protection  the  just  cause,  we  will  continue  to  struggle  for  our  in 
herent   right   to   freedom,    independence,    and    self-government." 


Jefferson  Davis.  23 

War  followed,  and  was  prolonged  for  four  years,  during  which 
time  Mr.  Davis  was  continued  as  President.    In  November,  1861. 
an  election  was  held  under  the  permanent  Constitution,  and  he  was 
chosen   President,   without  opposition,   for   six  years.     The   first 
Congress  under  the  permanent  government  met  in  Richmond  on 
February  18,  1862,  and  he  was  inaugurated  on  the  22d  of  that 
month.     The  Confederate  army  in  Virginia  under  General  Lee 
surrendered  April  9,  1865,  and  soon  after  the  war  ended.     Mr. 
Davis  left  Richmond  on  Sunday  night,  April  2,  and  went  to  Dan 
ville,  Va.,  and  from  there  to  Charlotte,  N.  C,  where  he  remained 
until  the  26th  of  April,  when  he  left  with  a  small  force  of  cavalry 
as  an  escort.    He  reached  the  Savannah  River  and  crossed  it  May 
4,  and  went  to  Washington,  Ga.,  where  he  remained  a  few  days. 
In  his  work,  the  "Rise  and  Fall  of  the  Confederate  Government," 
Mr.  Davis  says :  "When  I  left  Washington,  Ga.,  with  the  small 
party  which  has  been  enumerated,  my  object  was  to  go  to  the 
south  far  enough  to  pass  below  the  points  reported  to  be  occupied 
by  Federal  troops,  and  then  turn  to  the  west,  cross  the  Chatta- 
hoochie,  and  then  go  on  to  meet  the  forces  still  supposed  to  be  in 
the  field  in  Alabama.     If,  as  now  seemed  probable,  there  should 
be  no  prospect  of  a  successful  resistance  east  of  the  Mississippi,  I 
intended  then  to  cross  to  the  Trans-Mississippi  Department,  where 
I  believed  Gens.  E.  K.  Smith  and  Magruder  would  continue  to 
uphold  our  cause."    On  May  10  he  was  captured  by  Federal  cav 
alry,  and,  with  members  of  his  family,  his  wife  and  several  small 
children,  one  an  infant,  who  were  traveling  with  him,  was  carried 
to  Macon,  Ga.,  and  from  there  to  Hampton  Roads.    He  was  then 
removed  to  Fortress  Monroe,  and  incarcerated  in  a  cell,  his  wife 
and  family  being  returned  to  Savannah,  Ga.     In  mentioning  his 
imprisonment  at  Fortress  Monroe,  in  his  work  to  which  reference 
has  just  been  made,  he  says:  "Bitter  tears  have  been  shed  by  the 
gentle,  and  stern  reproaches  have  been  made  by  the  magnanimous, 
on  account  of  the  needless  torture  to  which  I  was  subjected,  and 
the  heavy  fetters  riveted  upon  me,  while  in  a  stone  casemate  and 
surrounded  by  a  strong  guard ;  but  all  these  were  less  excruciating 
than  the  mental  agony  my  captors  were  able  to  inflict.    It  was  long 
before  I  was  permitted  to  hear  from  my  wife  and  children,  and 
this  and  things  like  this  was  the  power  which  education  added  to 
cruelty;  but  I  do  not  propose  now  and  here  to  enter  upon  the 


24  Messages  and  Papers  of  the  Confederacy. 

story  of  my  imprisonment,  or  more  than  merely  to  refer  to  other 
matters  which  concern  me  personally,  as  distinct  from  my  con 
nection  with  the  Confederacy."  He  was  kept  in  prison  about  two 
years,  and  on  May  6,  1866,  was  indicted  for  treason  in  the  United 
States  Court  for  the  District  of  Virginia.  With  his  counsel  he 
insisted  on  a  prompt  and  speedy  trial,  but  the  government  post 
poned  the  trial  and  held  him  without  bail  until  May,  1867,  when 
^upon  a  writ  of  habeas  corpus  he  was  brought  before  the  court  at 
Richmond  and  admitted  to  bail,  the  bond  being  fixed  at  $100,000. 
The  bond  was  promptly  given,  and  he  was  released.  After  an 
enthusiastic  reception  at  Richmond,  he  went  to  New  York,  then  to 
Canada,  and  in  the  summer  of  1868  visited  England  and  France. 
While  in  England  he  declined  an  offer  to  enter  upon  business  with 
a  Liverpool  firm.  In  December,  1868,  a  nolle  prosequi  was  en 
tered  by  the  government  in  his  case,  and  he  was  therefore  never 
brought  to  trial;  and  in  the  general  amnesty  of  that  month  he 
was  included.  He  subsequently  removed  to  Memphis,  Tenn.,  and 
became  the  president  of  a  life  insurance  company.  In  1879  he 
was  bequeathed  an  estate  by  a  lady  admirer,  Mrs.  Dorsey,  of 
Beauvoir,  Miss.,  where  he  went  to  reside  and  where,  living  a  life 
of  seclusion,  he  gave  himself  up  largely  to  literary  pursuits. 
Occasional  public  demonstrations  in  the  South  revealed  the  at 
tachment  of  the  people  there  for  him.  This  was  notably  the  case 
when  he  attended  the  unveiling  of  the  statue  of  Benjamin  Hill,  in 
Atlanta,  the  dedication  of  a  monument  to  Confederate  soldiers  at 
Montgomery  in  1886,  and  when  he  at  another  time  visited  the  Geor 
gia  State  Fair,  at  Macon.  He  avoided  ostentatious  display  of  him 
self  ;  but  when  opportunity  offered,  the  Southern  people,  by  impos 
ing  popular  demonstrations,  gave  evidence  of  their  undiminished 
attachment  to  his  personal  character,  and  their  sympathy  for  him 
in  his  misfortunes.  They  believed  him  to  be  a  man  of  the  highest 
personal  integrity,  a  sincere  Christian,  a  gentleman  of  refined  and 
elevated  character,  and  one  thoroughly  impressed  with  the  cor 
rectness  of  the  political  and  constitutional  views  he  held,  and  the 
rightfulness  and  righteousness  of  the  cause  he  espoused.  He  de 
voted  much  time  of  the  last  years  of  his  life  to  the  writing  of  his 
history  of  the  war,  the  "Rise  and  Fall  of  the  Confederate  Gov 
ernment,"  published  in  1881.  The  purpose  he  had  in  view  in 
preparing  and  publishing  this  work  he  set  forth  briefly  but  sue- 


Jefferson  Davis.  25 

cinctly  in  his  preface  thereto  in  these  words:  'The  object  of  this 
work  has  been  from  historical  data  to  show  that  the  Southern 
States  had  rightfully  the  power  to  withdraw  from  a  Union  into 
which  they  had,  as  sovereign  communities,  voluntarily  entered ; 
that  the  denial  of  that  right  was  a  violation  of  the  letter  and  spirit 
of  the  compact  between  the  States ;  and  that  the  war  waged  by 
the  Federal  Government  against  the  seceding  States  was  in  dis 
regard  of  the  limitations  of  the  Constitution,  and  destructive  of 
the  principles  of  the  Declaration  of  Independence."  He  closed 
the  second  and  last  volume  of  this  work  with  the  following  words : 
"In  asserting  the  right  of  secession,  it  has  not  been  my  wish  to 
incite  to  its  exercise :  I  recognize  the  fact  that  the  war  showed  it 
to  be  impracticable,  but  this  did  not  prove  it  to  be  wrong;  and 
now  that  it  may  not  again  be  attempted,  and  that  the  Union  may 
promote  the  general  welfare,  it  is  needful  that  the  truth,  the  whole 
truth,  should  be  known,  so  that  crimination  and  recrimination  may 
forever  cease ;  and  then,  on  the  basis  of  fraternity  and  faithful  re 
gard  for  the  rights  of  the  States,  there  may  be  written  on  the  arch 
of  the  Union  'Esto  perpetua/  ' 

The  death  of  Mr.  Davis  occurred  at  New  Orleans  about  one 
o'clock  A.M.,  December  6,  1889.  His  funeral  ceremonies  were 
worthy  of  the  illustrious  character  of  the  deceased  statesman. 
Public  meetings  were  held  in  many  cities  and  towns  of  the  South 
to  give  expression  to  the  common  sorrow,  and  the  flags  of  the 
State  Capitols  were  placed  at  half-mast.  His  character  was  eulo 
gized,  and  the  newspapers  generally,  North  as  well  as  South,  print 
ed  complimentary  and  laudatory  notices  of  him.  He  was  buried 
temporarily  in  New  Orleans,  and  later  his  remains  were  removed 
to  Richmond,  the  capital  of  the  Confederacy,  where  there  were 
erected  for  them  a  tomb  and  monument.  A  special  funeral  train 
conveyed  them  from  New  Orleans  to  Richmond,  passing  through 
several  States.  At  many  places  convenient  stops  were  made,  that 
the  assembled  people  might  make  respectful  and  affectionate 
tributes  to  his  memory.  The  train  moved  day  and  night  almost 
literally  in  review  before  the  line  of  people  who  thronged  the 
route  and  stood  with  uncovered  heads  to  see  it  pass.  It  was  ap 
propriate  that  his  remains  should  rest  at  last  in  Richmond,  the 
city  which  was  the  immediate  scene  of  his  labors  as  the  Confed 
eracy  under  his  guidance  for  four  years  maintained  an  unequal 


26  Messages  and  Papers  of  the  Confederacy. 

struggle  for  a  permanent  place  among  the  nations  of  the  earth, 
and  which,  so  long  defended  by  the  immortal  Lee  and  his  heroic 
battalions,  successfully  withstood  the  fierce  and  terrible  assaults 
of  the  great  armies  of  the  Union,  led  by  brave  and  renowned 
soldiers. 


Provisional  Congress. 


Provisional  Congress. 

FIRST  SESSION. 

ASSEMBLED      AT      MONTGOMERY,      ALA.,      FEBRUARY     4,      l86l.        AD 
JOURNED  MARCH   l6,   l86l,  TO  MEET  SECOND  MONDAY  IN  MAY. 

ELECTION    OF    PRESIDENT    AND   VICE    PRESIDENT 
FOR  PROVISIONAL  GOVERNMENT. 

Saturday,  February  9,  1861. 
OPEN  SESSION. 

Congress  met  pursuant  to  adjournment. 

An  appropriate  prayer  was  offered  up  by  the  Rev.  Dr.  Basil 
Manly. 

The  Chair  announced  that  the  first  business  in  order  was  the 
administration  of  the  oath  to  the  deputies  to  support  the  Constitu 
tion  of  the  Provisional  Government. 

Whereupon  Judge  Richard  W.  Walker,  of  the  supreme  court 
of  the  State  of  Alabama,  administered  the  oath  to  the  President, 
and  the  President  administered  the  oath  to  the  members  of  Con 
gress. 

The  oath  thus  taken  was  as  follows : 

You  do  solemnly  swear  that  you  will  support  the  Constitution  for  the 
Provisional  Government  of  the  Confederate  States  of  America,  so  help  you 
God. 

At  the  suggestion  of  Mr.  Memminger,  while  the  oath  was  be 
ing  administered  all  the  members  stood  upon  their  feet. 

******* 
The  Congress  then  proceeded  to  the  election  of  a  President  and 
a  Vice  President  for  the  Provisional  Government. 

Mr.  Curry  moved  that  two  tellers  be  appointed  to  conduct  said 
election,  which  was  agreed  to. 

(29) 


30  Messages  and  Papers  of  the  Confederacy. 

Whereupon  the  President  appointed  Mr.  Curry  and  Mr.  Miles 
as  tellers. 

The  vote  being  taken  by  States  for  President,  the  Hon.  Jefferson 
Davis,  of  Mississippi,  received  all  the  votes  cast,  being  six,  and  was 
duly  declared  unanimously  elected  President  of  the  Provisional 
Government. 

On  motion  of  Mr.  Toombs,  a  committee  of  three  was  appointed 
to  inform  Mr.  Davis  of  his  election. 

Whereupon  the  President  appointed  Mr.  Toombs,  Mr.  Rhett, 
and  Mr.  Morton. 

The  vote  was  then  taken  by  States  for  Vice  President,  and  the 
Hon.  Alexander  Hamilton  Stephens,  of  Georgia,  received  all  the 
votes  cast,  being  six,  and  he  was  duly  declared  unanimously  elected 
Vice  President  of  the  Provisional  Government. 

Mr.  Perkins  moved  that  a  committee  of  three  be  appointed  to 
inform  Mr.  Stephens  of  his  election,  which  was  agreed  to. 

And  the  President  appointed  Mr.  Perkins,  Mr.  Harris,  and  Mr. 
Shorter. 

Congress  then  adjourned  till  Monday  next  at  u  o'clock. 

NOTIFICATION  OF  ELECTION  TO  PRESIDENT  AND 
VICE  PRESIDENT. 

MONTGOMERY,  ALA.,  February  9,  1861. 

Hon.  Jefferson  Davis,  Jackson. 

Sir:  We  are  directed  to  inform  you  that  you  were  this  day  unan 
imously  elected  President  of  the  Provisional  Government  of  the 
Confederate  States  of  America,  and  to  request  you  to  come  to 
Montgomery  immediately.  We  send  also  a  special  messenger. 
Do  not  wait  for  him.  R.  TOOMBS, 

R.   BARNWELL  RHETT, 
JACKSON  MORTON. 

MONTGOMERY,  ALA.,  February  9,  1861. 

Hon.  Alexander  H.  Stephens. 

Sir:  The  Congress  for  the  Provisional  Government  for  the  Con 
federate  States  of  America  have  this  day  unanimously  elected  you 
to  the  office  of  Vice  President  of  the  Confederate  States,  and  we 


Inauguration  of  President.  31 

have  been  appointed  to  communicate  the  fact,  and  to  respectfully 
invite  your  acceptance.  In  performing  this  pleasing  duty,  allow 
us  to  express  the  hope  that  you  will  accept,  and  we  beg  to  suggest 
that  it  would  be  most  agreeable  to  the  body  we  represent,  as  you 
are  a  member  of  the  Congress,  that  you  should  signify  to  it  in 
person  your  consent  to  serve  the  country  in  the  high  position  to 
which  you  have  been  called. 

We  have  the  honor  to  be.  very  respectfully,  yours, 

JOHN  PERKINS,  JR., 

W.  P.  HARRIS, 

JNO.  GILL  SHORTER. 


INAUGURATION  OF  PRESIDENT. 

Monday.  February  18,  1861. 
SECRET  SESSION. 


At  i  P.M.  the  President  elect  of  the  Confederate  States  of 
America,  escorted  by  the  Vice  President  and  the  Committee  of 
Arrangements,  appeared  within  the  hall  of  Congress,  and  was 
escorted  to  the  chair,  supported  on  his  right  by  the  Vice  President 
and  on  his  left  by  the  President  of  Congress. 

On  motion  of  Mr.  Chilton,  the  Congress  then  repaired,  in  com 
pany  with  the  President  elect,  to  the  front  of  the  Capitol  for  the 
purpose  of  inaugurating  the  President. 

The  President  of  the  Congress  presented  the  President  elect  to 
the  Congress. 

The  Rev.  Dr.  Basil  Manly,  as  chaplain  of  the  day,  offered 
prayer. 

The  President  elect  then  delivered  his  inaugural  address,  after 
which  the  oath  of  office  was  administered  to  him  by  the  President 
of  the  Congress. 

On  motion  of  Mr.  Chilton,  the  Congress  returned  to  its  hall,  ac 
companied  by  the  President  of  the  Confederate  States. 

On  motion  of  Mr.  Chilton,  it  was  ordered  that  the  inaugural 
address  of  the  President  be  spread  upon  the  journal  of  this  body. 


J2  Messages  and  Papers  of  the  Confederacy. 

and  that  five  thousand  copies  thereof  be  printed  for  the  use  of  the 
Congress. 

And  then  the  Congress  adjourned. 


INAUGURAL  ADDRESS  OF  THE  PRESIDENT  OF  THE 
PROVISIONAL  GOVERNMENT. 

February  18,  1861. 

Gentlemen  of  the  Congress  of  the  Confederate  States  of  Amer 
ica,  Friends,  and  Fellow-citizens:  Called  to  the  difficult  and  re 
sponsible  station  of  Chief  Magistrate  of  the  Provisional  Govern 
ment  which  you  have  instituted,  I  approach  the  discharge  of  the 
duties  assigned  to  me  with  humble  distrust  of  my  abilities,  but 
with  a  sustaining  confidence  in  the  wisdom  of  those  who  are  to 
guide  and  aid  me  in  the  administration  of  public  affairs,  and  an 
abiding  faith  in  the  virtue  and  patriotism  of  the  people.  Look 
ing  forward  to  the  speedy  establishment  of  a  permanent  govern 
ment  to  take  the  place  of  this,  which  by  its  greater  moral  and 
physical  power  will  be  better  able  to  combat  with  many  difficulties 
that  arise  from  the  conflicting  interests  of  separate  nations,  I  en 
ter  upon  the  duties  of  the  office  to  which  I  have  been  chosen  with 
the  hope  that  the  beginning  of  our  career,  as  a  Confederacy,  may 
not  be  obstructed  by  hostile  opposition  to  our  enjoyment  of  the 
separate  existence  and  independence  we  have  asserted,  and  which, 
with  the  blessing  of  Providence,  we  intend  to  maintain. 

Our  present  political  position  has  been  achieved  in  a  manner 
unprecedented  in  the  history  of  nations.  It  illustrates  the  Amer- 
ican  idea  that  governments  rest  on  the  consent  of  the  governed, 
and  that  it  is  the  right  of  the  people  to  alter  or  abolish  them  at 
will  whenever  they  become  destructive  of  the  ends  for  which  they 
were  established.  The  declared  purpose  of  the  compact  of  the 
Union  from  which  we  have  withdrawn  was  to  ''establish  justice, 
insure  domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity;"  and  when,  in  the  judgment  of 
the  sovereign  States  composing  this  Confederacy,  it  has  been  per 
verted  from  the  purposes  for  which  it  was  ordained,  and  ceased 
to  answer  the  ends  for  which  it  was  established,  a  peaceful  appeal 


In  a  ug"u  ral  A  d  dress .  3  3 

to  the  ballot  box  declared  that,  so  far  as  they  are  concerned,  the 
Government  created  by  that  compact  should  cease  to  exist.  In 
this  they  merely  asserted  the  right  which  the  Declaration  of  Inde-  ^~ 
pendence  of  July  4,  1776,  defined  to  be  "inalienable."  Of  the 
time  and  occasion  of  its  exercise  they  as  sovereigns  were  the  final 
judges,  each  for  itself.  The  impartial  and  enlightened  verdict  of 
mankind  will  vindicate  the  rectitude  of  our  conduct;  and  He 
who  knows  the  hearts  of  men  will  judge  of  the  sincerity  with 
which  we  have  labored  to  preserve  the  Government  of  our  fathers 
in  its  spirit. 

The  right  solemnly  proclaimed  at  the  birth  of  the  United 
States,  and  which  has  been  solemnly  affirmed  and  reaffirmed  in 
the  Bills  of  Rights  of  the  States  subsequently  admitted  into  the 
Union  of  1789,  undeniably  recognizes  in  the  people  the  power  to 
resume  the  authority  delegated  for  the  purposes  of  government. 
Thus  the  sovereign  States  here  represented  have  proceeded  to 
form  this  Confederacy;  and  it  is  by  abuse  of  language  that  their 
act  has  been  denominated  a  revolution.  They  formed  a  new^, 
alliance,  but  within  each  State  its  government  has  remained;  so 
that  the  rights  of  person  and  property  have  not  been  disturbed. 
The  agent  through  which  they  communicated  with  foreign  nations 
is  changed,  but  this  does  not  necessarily  interrupt  their  interna 
tional  relations.  Sustained  by  the  consciousness  that  the  transi 
tion  from  the  former  Union  to  the  present  Confederacy  has  not 
proceeded  from  a  disregard  on  our  part  of  just  obligations,  or  any"'* 
failure  to  perform  every  constitutional  duty,  moved  by  no  interest 
or  passion  to  invade  the  rights  of  others,  anxious  to  cultivate 
peace  and  commerce  with  all  nations,  if  we  may  not  hope  to  avoid 
war,  we  may  at  least  expect  that  posterity  will  acquit  us  of  having 
needlessly  engaged  in  it.  Doubly  justified  by  the  absence  of 
wrong  on  our  part,  and  by  wanton  aggression  on  the  part  of 
others,  there  can  be  no  cause  to  doubt  that  the  courage  and  patri 
otism  of  the  people  of  the  Confederate  States  will  be  found  equal 
to  any  measure  of  defense  which  their  honor  and  security  may 
require. 

An  agricultural  people,  whose  chief  interest  is  the  export  of  ^\, 
commodities  required  in  every  manufacturing  country,  our  true 
policy  is  peace,  and  the  freest  trade  which  our  necessities  will  per 
mit.     It  is  alike  our  interest  and  that  of  all  those  to  whom  we 
3 


34  Messages  and  Papers  of  the  Confederacy. 

would  sell,  and  from  whom  we  would  buy,  that  there  should  be 
the  fewest  practicable  restrictions  upon  the  interchange  of  these 
commodities.  There  can,  however,  be  but  little  rivalry  between 
ours  and  any  manufacturing  or  navigating  community,  such  as 
the  Northeastern  States  of  the  American  Union.  It  must  follow, 
therefore,  that  mutual  interest  will  invite  to  good  will  and  kind 
offices  on  both  parts.  If,  however,  passion  or  lust  of  dominion 
should  cloud  the  judgment  or  inflame  the  ambition  of  those  States, 
we  must  prepare  to  meet  the  emergency  and  maintain,  by  the  final 
arbitrament  of  the  sword,  the  position  which  we  have  assumed 
among  the  nations  of  the  earth. 

We  have  entered  upon  the  career  of  independence,  and  it 
must  be  inflexibly  pursued.  Through  many  years  of  controversy 
with  our  late  associates  of  the  Northern  States,  we  have  vainly 
endeavored  to  secure  tranquillity  and  obtain  Yespect  for  the  rights 
to  which  we  were  entitled.  As  a  necessity,  not  a  choice,  we  have 
resorted  to  the  remedy  of  separation,  and  henceforth  our  energies 
must  be  directed  to  the  conduct  of  our  own  affairs,  and  the  per 
petuity  of  the  Confederacy  which  we  have  formed.  If  a  just  per 
ception  of  mutual  interest  shall  permit  us  peaceably  to  pursue  our 
separate  political  career,  my  most  earnest  desire  will  have  been 
fulfilled.  But  if  this  be  denied  to  us,  and  the  integrity  of  our 
territory  and  jurisdiction  be  assailed,  it  will  but  remain  for  us 
with  firm  resolve  to  appeal  to  arms  and  invoke  the  blessing  of 
Providence  on  a  just  cause. 

As  a  consequence  of  our  new  condition  and  relations,  and 
with  a  view  to  meet  anticipated  wants,  it  will  be  necessary  to  pro 
vide  for  the  speedy  and  efficient  organization  of  branches  of  the 
Executive  department  having  special  charge  of  foreign  inter 
course,  finance,  military  affairs,  and  the  postal  service.  For  pur 
poses  of  defense,  the  Confederate  States  may,  under  ordinary 
circumstances,  rely  mainly  upon  the  militia ;  but  it  is  deemed 
advisable,  in  the  present  condition  of  affairs,  that  there  should  be 
a  well-instructed  and  disciplined  army,  more  numerous  than  would 
usually  be  required  on  a  peace  establishment.  I  also  suggest  that, 
for  the  protection  of  our  harbors  and  commerce  on  the  high  seas, 
a  navy  adapted  to  those  objects  will  be  required.  But  this,  as 
well  as  other  subjects  appropriate  to  our  necessities,  have  doubt 
less  engaged  the  attention  of  Congress. 


Inaugural  Address.  35 

With  a  Constitution  differing  only  from  that  of  our  fathers  A" 
in  so  far  as  it  is  explanatory  of  their  well-known  intent,  freed 
from  sectional  conflicts,  which  have  interfered  with  the  pursuit  of 
the  general  welfare,  it  is  not  unreasonable  to  expect  that  States 
from  which  we  have  recently  parted  may  seek  to  unite  their  for 
tunes  to  ours  under  the  Government  which  we  have  instituted. 
For  this  your  Constitution  makes  adequate  provision ;  but  beyond 
this,  if  I  mistake  not  the  judgment  and  will  of  the  people,  a  re 
union  with  the  States  from  which  we  have  separated  is  neither 
practicable  nor  desirable.  To  increase  the  power,  develop  the 
resources,  and  promote  the  happiness  of  the  Confederacy,  it  is 
requisite  that  there  should  be  so  much  of  homogeneity  that  the 
welfare  of  every  portion  shall  be  the  aim  of  the  whole.  When 
this  docs  not  exist,  antagonisms  are  engendered  which  must  and 
should  result  in  separation. 

Actuated  solely  by  the  desire  to  preserve  our  own  rights, 
and  promote  our  own  welfare,  the  separation  by  the  Confederate 
States  has  been  marked  by  no  aggression  upon  others,  and  fol 
lowed  by  no  domestic  convulsion.  Our  industrial  pursuits  have 
received  no  check,  the  cultivation  of  our  fields  has  progressed 
as  heretofore,  and,  even  should  we  be  involved  in  war,  there 
would  be  no  considerable  diminution  in  the  production  of  the  sta 
ples  which  have  constituted  our  exports,  and  in  which  the  com 
mercial  world  has  an  interest  scarcely  less  than  our  own.  This 
common  interest  of  the  producer  and  consumer  can  only  be  inter 
rupted  by  exterior  force  which  would  obstruct  the  transmission  of 
our  staples  to  foreign  markets — a  course  of  conduct  which  would 
be  as  unjust,  as  it  would  be  detrimental,  to  manufacturing  and 
commercial  interests  abroad. 

Should  reason  guide  the  action  of  the  Government  from 
which  we  have  separated,  a  policy  so  detrimental  to  the  civilized 
world,  the  Northern  States  included,  could  not  be  dictated  by 
even  the  strongest  desire  to  inflict  injury  upon  us;  but,  if  the  con 
trary  should  prove  true,  a  terrible  responsibility  will  rest  upon  it, 
and  the  suffering  of  millions  will  bear  testimony  to  the  folly  and 
wickedness  of  our  aggressors.  In  the  meantime  there  will  remain  """ 
to  us,  besides  the  ordinary  means  before  suggested,  the  well-known 
resources  for  retaliation  upon  the  commerce  of  an  enemy. 

Experience   in    public    stations,   of   subordinate   grade   to   this 


36  Messages  and  Papers  of  the  Confederacy. 

which  your  kindness  has  conferred,  has  taught  me  that  toil  and 
care  and  disappointment  are  the  price  of  official  elevation.  You 
will  see  many  errors  to  forgive,  many  deficiencies  to  tolerate ;  but 
you  shall  not  find  in  me  either  want  of  zeal  or  fidelity  to  the  cause 
that  is  to  me  the  highest  in  hope,  and  of  most  enduring  affection. 
Your  generosity  has  bestowed  upon  me  an  undeserved  distinction, 
one  which  I  neither  sought  nor  desired.  Upon  the  continuance 
of  that  sentiment,  and  upon  your  wisdom  and  patriotism,  I  rely  to 
direct  and  support  me  in  the  performance  of  the  duties  required 
.at  my  hands. 

We  have  changed  the  constituent  parts,  but  not  the  system  of 
government.^  The  Constitution  framed  by  our  fathers  is  that  of 
these  Confederate  States.  In  their  exposition  of  it,  and  in  the 
judicial  construction  it  has  received,  we  have  a  light  which  reveals 
its  true  meaning. 

Thus  instructed  as  to  the  true  meaning  and  just  interpreta 
tion  of  that  instrument,  and  ever  remembering  that  all  offices  are 
but  trusts  held  for  the  people,  and  that  powers  delegated  >are  to 
be  strictly  construed,  I  will  hope  by  due  diligence  in  the^perform- 
ance  of  my  duties,  though  I  may  disappoint  your  expectations, 
yet  to  retain,  when  retiring,  something  of  the  good  will  and  con 
fidence  which  welcome  my  entrance  into  office. 

It  is  joyous  in  the  midst  of  perilous  times  to  look  around 
upon  a  people  united  in  heart,  where  one  purpose  of  high  resolve 
animates  and  actuates  the  whole ;  where  the  sacrifices  to  be  made 
are  not  weighed  in  the  balance  against  honor  and  right  and  lib 
erty  and  equality.  Obstacles  may  retard,  but  they  cannot  long 
prevent,  the  progress  of  a  movement  sanctified  by  its  justice  and 
sustained  by  a  virtuous  people.  Reverently  let  us  invoke  the  God 
of  our  fathers  to  guide  and  protect  us  in  our  efforts  to  perpetuate 
the  principles  which  by  his  blessing  they  were  able  to  vindicate, 
establish,  and  transmit  to  their  posterity.  With  the  continuance 
of  his  favor  ever  gratefully  acknowledged,  we  may  hopefully 
look  forward  to  success,  to  peace,  and  to  prosperity. 


Constitution  of  the  Confederate 
States. 

We,  the  people  of  the  Confederate  States,  each  State  acting  in 
its  sovereign  and  independent  character,  in  order  to  form  a  perma 
nent  federal  government,  establish  justice,  insure  domestic  tran 
quillity,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity — invoking  the  favor  and  guidance  of  Almighty  God — do 
ordain  and  establish  this  Constitution  for  the  Confederate  States 
of  America. 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  delegated  shall  be  vested 
in  a  Congress  of  the  Confederate  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Sec.  2.  (i)  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several 
States ;  and  the  electors  in  each  State  shall  be  citizens  of  the  Con 
federate  States,  and  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  State  Legislature ;  but  no  per 
son  of  foreign  birth,  not  a  citizen  of  the  Confederate  States,  shall 
be  allowed  to  vote  for  any  officer,  civil  or  political,  State  or  Fed 
eral. 

(2)  No  person  shall  be  a  Representative  who  shall  not  have  at 
tained  the  age  of  twenty-five  years,  and  be  a  citizen  of  the  Con 
federate  States,  and  who  shall  not,  when  elected,  be  an  inhabitant 
of  that  State  in  which  he  shall  be  chosen. 

(3)  Representatives    and    direct    taxes    shall    be    apportioned 
among  the  several  States,  which  ma}-  be  included  within  this  Con 
federacy,  according  to  their  respective  numbers,  which  shall  be 
determined  by  adding  to  the  whole  number  of  free  persons,  in 
cluding  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three-fifths  of  all  slaves.    The  actual  enumera- 

(37) 


38  Messages  and  Papers  of  the  Confederacy. 

tion  shall  be  made  within  three  years  after  the  first  meeting  of  the 
Congress  of  the  Confederate  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every  fifty 
thousand,  but  each  State  shall  have  at  least  one  Representative ; 
and  until  such  enumeration  shall  be  made,  the  State  of  South 
Carolina  shall  be  entitled  to  choose  six ;  the  State  of  Georgia  ten ; 
the  State  of  Alabama  nine  ;  the  State  of  Florida  two ;  the  State  of 
Mississippi  seven;  the  State  of  Louisiana  six;  and  the  State  of 
Texas  six. 

(4)  When  vacancies  happen  in  the  representation   from  any 
State  the  executive  authority  thereof  shall  issue  writs  of  election 
to  fill  such  vacancies. 

(5)  The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers;  and  shall  have  the  sole  power  of  impeach 
ment;  except  that  any  judicial  or  other  Federal  officer,  resident 
and  acting  solely  within   the  limits  of  any   State,  may  be  im 
peached  by  a  vote  of  two-thirds  of  both  branches  of  the  Legisla 
ture  thereof. 

Sec.  3.  (i)  The  Senate  of  the  Confederate  States  shall  be  com 
posed  of  two  Senators  from  each  State,  chosen  for  six  years  by 
the  Legislature  thereof,  at  the  regular  session  next  immediately 
preceding  the  commencement  of  the  term  of  service;  and  each 
Senator  shall  have  one  vote. 

(2)  Immediately  after  they  shall  be  assembled,  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.    The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year ;  of  the  second  class 
at  the  expiration  of  the  fourth  year ;  and  of  the  third  class  at  the 
expiration  of  the  sixth  year ;  so  that  one-third  may  be  chosen  ev 
ery  second  year ;  and  if  vacancies  happen  by  resignation,  or  other 
wise,  during  the  recess  of  the  Legislature  of  any  State,  the  Ex 
ecutive  thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  Legislature,  which  shall  then  fill  such  vacancies. 

(3)  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years,  and  be  a  citizen  of  the  Confederate  States  ; 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  the  State  for 
which  he  shall  be  chosen 


Constitution  of  the  Confederate  States.  39 

(4)  The  Vice  President  of  the  Confederate  States  shall  be  pres 
ident  of  the  Senate,  but  shall  have  no  vote  unless  they  be  equally 
divided. 

(5)  The  Senate  shall  choose  their  other  officers;  and  also  a 
president  pro  tcmpore  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confederate 
States. 

(6)  The  Senate  shall  have  the  sole  power  to  try  all  impeach 
ments.     When  sitting-  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.     When  the  President  of  the  Confederate  States  is 
tried,  the  Chief  Justice  shall  preside ;  and  no  person  shall  be  con 
victed  without   the   concurrence   of  two-thirds  of  the  members 
present. 

(7)  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  en 
joy  any  office  of  honor,  trust,  or  profit  under  the  Confederate 
States ;  but  the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment,  and  punishment  according 
to  law. 

Sec.  4.  ( i )  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof,  subject  to  the  provisions  of  this 
Constitution  ;  but  the  Congress  may,  at  any  time,  by  law,  make  or 
alter  such  regulations,  except  as  to  the  times  and  places  of  choos 
ing  Senators. 

(2)  The  Congress  shall  assemble  at  least  once  in  every  year; 
and  such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall,  by  law,  appoint  a  different  day. 

Sec.  5.  (i)  Each  House  shall  be  the  judge  of  the  elections,  re 
turns,  and  qualifications  of  its  own  members,  and  a  majority  of 
each  shall  constitute  a  quorum  to  do  business ;  but  a  smaller  num 
ber  may  adjourn  from  day  to  day,  and  may  be  authorized  to  com 
pel  the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  House  may  provide. 

(2)  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  con 
currence  of  two-thirds  of  the  whole  number,  expel  a  member. 

(3)  Each  House  shall  keep  a  journal  of  its  proceedings,  and 


40  Messages  and  Papers  of  the  Confederacy. 

from  time  to  time  publish  the  same,  excepting  such  parts  as  may 
in  their  judgment  require  secrecy;  and  the  yeas  and  nays  of  the 
members  of  either  House,  on  any  question,  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

(4)  Neither  House,  during  the  session  of  Congress,  shall,  with 
out  the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  Houses  shall  be 
sitting. 

Sec.  6.  (i)  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law,  and  paid 
out  of  the  Treasury  of  the  Confederate  States.  They  shall,  in  all 
cases,  except  treason,  felony,  and  breach  of  the  peace,  be  privi 
leged  from  arrest  during  their  attendance  at  the  session  of  their 
respective  Houses,  and  in  going  to  and  returning  from  the  same ; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be 
questioned  in  any  other  place. 

(2)  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  Confederate  States,  which  shall  have  been  cre 
ated,  or  the  emoluments  whereof  shall  have  been  increased  during 
such  time ;  and  no  person  holding  any  office  under  the  Confederate 
States  shall  be  a  member  of  either  House  during  his  continuance 
in  office.  But  Congress  may,  by  law,  grant  to  the  principal  officer 
in  each  of  the  Executive  Departments  a  seat  upon  the  floor  of 
either  House,  with  the  privilege  of  discussing  any  measures  ap 
pertaining  to  his  department. 

Sec.  7.  (i)  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur 
with  amendments,  as  on  other  bills. 

(2)  Every  bill  which  shall  have  passed  both  Houses,  shall,  be 
fore  it  becomes  a  law,  be  presented  to  the  President  of  the  Con 
federate  States ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall 
return  it,  with  his  objections,  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  House,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two-thirds  of  that 


Constitution  of  the  Confederate  States.  41 

House,  it  shall  become  a  law.  But  in  all  such  cases,  the  votes  of 
both  Houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  journal  of  each  House  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  Congress,  by  their 
adjournment,  prevent  its  return;  in  which  case  it  shall  not  be  a 
law.  The  President  may  approve  any  appropriation  and  disap 
prove  any  other  appropriation  in  the  same  bill.  In  such  case  he 
shall,  in  signing  the  bill,  designate  the  appropriations  disapproved ; 
and  shall  return  a  copy  of  such  appropriations,  with  his  objections, 
to  the  House  in  which  the  bill  shall  have  originated ;  and  the  same 
proceedings  shall  then  be  had  as  in  case  of  other  bills  disapproved 
by  the  President. 

(3)  Every  order,  resolution,  or  vote,  to  which  the  concurrence 
of  both  Houses  may  be  necessary  (except  on  a  question  of  ad 
journment)  shall  be  presented  to  the  President  of  the  Confederate 
States;  and  before  the  same  shall  take  effect,  shall  be  approved  by 
him  ;  or,  being  disapproved  by  him,  shall  be  repassed  bv  two-thirds 
of  both  Houses,  according  to  the  rules  and  limitations  prescribed 
in  case  of  a  bill. 

Sec.  8.  The  Congress  shall  have  power — 

(1)  To  lay  and  collect  taxes,  duties,  imposts,  and  excises  for 
revenue,  necessary  to  pay  the  debts,  provide  for  the  common  de 
fense,  and  carry  on  the  Government  of  the  Confederate  States; 
but  no  bounties  shall  be  granted  from  the  Treasury  ;  nor  shall  any 
duties  or  taxes  on  importations  from  foreign  nations  be  laid  to  pro 
mote  or  foster  any  branch  of  industry ;  and  all  duties,  imposts,  and 
excises  shall  be  uniform  throughout  the  Confederate  States. 

(2)  To  borrow  money  on  the  credit  of  the  Confederate  States. 

(3)  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes ;  but  neither  this,  nor 
any  other  clause  contained  in  the  Constitution,  shall  ever  be  con 
strued  to  delegate  the  power  to  Congress  to  appropriate  money  for 
any  internal  improvement  intended  to  facilitate  commerce ;  except 
for  the  purpose  of  furnishing  lights,  beacons,  and  buoys,  and  other 
aids  to  navigation  upon  the  coasts,  and  the  improvement  of  harbors 


42  Messages  and  Papers  of  the  Confederacy. 

and  the  removing  of  obstructions  in  river  navigation ;  in  all  which 
cases  such  duties  shall  be  laid  on  the  navigation  facilitated  thereby 
as  may  be  necessary  to  pay  the  costs  and  expenses  thereof. 

(4)  To  establish  uniform  laws  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies,  throughout  the  Confederate 
States ;  but  no  law  of  Congress  shall  discharge  any  debt  contracted 
before  the  passage  of  the  same. 

(5)  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures. 

(6)  To  provide  for  the  punishment  of  counterfeiting  the  se 
curities  and  current  coin  of  the  Confederate  States. 

(7)  To  establish  post  offices  and  post  routes;  but  the  expenses 
of  the  Post  Office  Department,  after  the  1st  day  of  March  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-three,  shall  be  paid 
out  of  its  own  revenues. 

(8)  To  promote  the  progress  of  science  and  useful  arts,  by  se 
curing  for  limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries. 

(9)  To  constitute  tribunals  inferior  to  the  Supreme  Court. 
(ip)  To  define  and  punish  piracies  and  felonies  committed  on 

the  high  seas,  and  offenses  against  the  law  of  nations. 

(n)  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water. 

(12)  To  raise  and  support  armies;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

(13)  To  provide  and  maintain  a  navy. 

( 14)  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

(15)  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Confederate  States,  suppress  insurrections,  and  repel  in 
vasions. 

(16)  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 
in  the  service  of  the  Confederate  States ;  reserving  to  the  States, 
respectively,  the  appointment  of  the  officers,  and  the  authority  of 
training  the  militia  according  to  the  discipline  prescribed  by  Con 
gress. 

(17)  To  exercise  exclusive  legislation,  in  all  cases  whatsoever, 


Constitution  of  the  Confederate  States.  43 

over  such  district  (not  exceeding  ten  miles  square)  as  may,  bv 
cession  of  one  or  more  States  and  the  acceptance  of  Congress,  be 
come  the  seat  of  the  Government  of  the  Confederate  States ;  and 
to  exercise  like  authority  over  all  places  purchased  by  the  consent 
of  the  Legislature  of  the  State  in  which  the  same  shall  be,  for  the 
erection  of  forts,  magazines,  arsenals,  dockyards,  and  other  need 
ful  buildings ;  and 

(18)  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  pow 
ers  vested  by  this  Constitution  in  the  Government  of  the  Confed 
erate  States,  or  in  any  department  or  officer  thereof. 

Sec.  9.  ( i)  The  importation  of  negroes  of  the  African  race  from 
any  foreign  country  other  than  the  slaveholding  States  or  Terri 
tories  of  the  United  States  of  America,  is  hereby  forbidden ;  and 
Congress  is  required  to  pass  such  laws  as  shall  effectually  prevent 
the  same. 

(2)  Congress  shall  also  have  power  to  prohibit  the  introduction 
of  slaves  from  any  State  not  a  member  of,  or  Territory  not  belong 
ing  to,  this  Confederacy. 

(3)  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus 
pended,  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

(4)  No  bill  of  attainder,  ex  post  facto  law,  or  law  denying  or 
impairing  the  right  of  property  in  negro  slaves  shall  be  passed. 

(5)  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  pro 
portion  to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

(6)  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State,  except  by  a  vote  of  two-thirds  of  both  Houses. 

(7)  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another. 

(8)  No  money  shall  be  drawn  from  the  Treasury,  but  in  conse 
quence  of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

(9)  Congress  shall  appropriate  no  money  from  the  Treasury 
except  by  a  vote  of  two-thirds  of  both  Houses,  taken  by  yeas  and 
nays,  unless  it  be  asked  and  estimated  for  bv  some  one  of  the  heads 


44  Messages  and  Papers  of  the  Confederacy. 

of  departments  and  submitted  to  Congress  by  the  President;  or 
for  the  purpose  of  paying  its  own  expenses  and  contingencies ;  or 
for  the  payment  of  claims  against  the  Confederate  States,  the 
justice  of  which  shall  have  been  judicially  declared  by  a  tribunal 
for  the  investigation  of  claims  against  the  Government,  which  it 
is  hereby  made  the  duty  of  Congress  to  establish. 

(10)  All  bills  appropriating  money  shall  specify  in  Federal  cur 
rency  the  exact  amount  of  each  appropriation  and  the  purposes 
for  which  it  is  made ;  and  Congress  shall  grant  no  extra  com 
pensation  to  any  public  contractor,  officer,  agent,  or  servant,  after 
such  contract  shall  have  been  made  or  such  service  rendered. 

(n)  No  title  of  nobility  shall  be  granted  by  the  Confederate 
States ;  and  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever,  from 
any  king,  prince,  or  foreign  state. 

(12)  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof ;  or  abridging 
the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the  people 
peaceably  to  assemble  and  petition  the  Government  for  a  redress 
of  grievances. 

(13)  A  well-regulated  militia  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

( 14)  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

(15)  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and   effects,  against  unreasonable   searches  and 
seizures,  shall  not  be  violated ;  and  no  warrants  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  and  par 
ticularly  describing  the  place  to  be  searched  and  the  persons  or 
things  to  be  seized. 

( 16)  No  person  shall  be  held  to  answer  for  a  capital  or  other 
wise  infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same  offense  to- 


Constitution  of  the  Confederate  States.  45 

"be  twice  put  in  jeopardy  of  life  or  limb ;  nor  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himself ;  nor  be  deprived  of 
life,  liberty,  or  property  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compensa 
tion. 

(17)  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 

and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con 
fronted  with  the  witnesses  against  him ;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor ;  and  to  have  the  as 
sistance  of  counsel  for  his  defense. 

(18)  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre 
served  ;  and  no  fact  so  tried  by  a  jury  shall  be  otherwise  ree'xam- 
inecl  in  any  court  of  the  Confederacy,  than  according  to  the  rules 
of  common  law. 

(19)  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

(20)  Every  law,  or  resolution  having  the  force  of  law,  shall 
relate  to  but  one  subject,  and  that  shall  be  expressed  in  the  title. 

Sec.  TO.  ( i )  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation ;  grant  letters  of  marque  and  reprisal ;  coin  money  ; 
make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts ;  pass  any  bill  of  attainder,  or  ex  post  facto  law,  or  law  im 
pairing  the  obligation  of  contracts ;  or  grant  any  title  of  nobility. 

(2)  No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws;  and  the 
net  produce  of  all  duties  and  imposts,  laid  by  any  State  on  imports 
or  exports,  shall  be  for  the  use  of  the  Treasury  of  the  Confederate 
States ;  and  all  such  laws  shall  be  subject  to  the  revision  and  con 
trol  of  Congress. 

(3)  No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  on  tonnage,  except  on  seagoing  vessels,  for  the  improvement 
of  its  rivers  and  harbors  navigated  by  the  said  vessels ;  but  such 
duties  shall  not  conflict  with  anv  treaties  of  the  Confederate  States 


46  Messages  and  Papers  of  the  Confederacy. 

with  foreign  nations ;  and  any  surplus  revenue  thus  derived  shall, 
after  making  such  improvement,  be  paid  into  the  common  treas 
ury.  Nor  shall  any  State  keep  troops  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another  State, 
or  with  a  foreign  power,  or  engage  in  war,  unless  actually  invaded, 
or  in  such  imminent  danger  as  will  not  admit  of  delay.  But  when 
any  river  divides  or  flows  through  two  or  more  States  they  may 
enter  into  compacts  with  each  other  to  improve  the  navigation 
thereof. 

ARTICLE  II. 

Section  i.  (i)  The  executive  power  shall  be  vested  in  a  Presi 
dent  of  the  Confederate  States  of  America.  He  and  the  Vice 
President  shall  hold  their  offices  for  the  term  of  six  years ;  but  the 
President  shall  not  be  reeligible.  The  President  and  Vice  Presi 
dent  shall  be  elected  as  follows : 

(2)  Each  State  shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors  equal  to  the  whole  num 
ber  of  Senators  and  Representatives  to  which  the  State  may  be  en 
titled  in  the  Congress  ;  but  no  Senator  or  Representative  or  person 
holding  an  office  of  trust  or  profit  under  the  Confederate  States 
shall  be  appointed  an  elector. 

(3)  The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  State  with  themselves ;  they 
shall  name  in  their  ballots  the  person  voted  for  as  President,  and 
in  distinct  ballots  the  person  voted  for  as  Vice  President,  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  President,  and 
of  all  persons  voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  trans 
mit,  sealed,  to  the  seat  of  the  Government  of  the  Confederate 
States,  directed  to  the  President  of  the  Senate ;  the  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Represent 
atives,  open  all  the  certificates,  and  the  votes  shall  then  be  count 
ed  ;  the  person  having  the  greatest  number  of  votes  for  President 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have  such  ma 
jority,  then  from  the  persons  having  the  highest  numbers,  not  ex- 


Constitution  of  the  Confederate  States.  47 

ceeding  three,  on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  ballot,  the  Presi 
dent.  But  in  choosing  the  President  the  votes  shall  be  taken  by 
States — the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two-thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of  Representa 
tives  shall  not  choose  a  President,  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  4th  day  of  March  next  follow 
ing,  then  the  Vice  President  shall  act  as  President,  as  in  case  of 
the  death,  or  other  constitutional  disability  of  the  President. 

(4)  The  person  having  the  greatest  number  of  votes  as  Vice 
President  shall  be  the  Vice  President,  if  such  number  be  a  ma 
jority  of  the  whole  number  of  electors  appointed  ;  and  if  no  person 
have  a  majority,  then,  from  the  two  highest  numbers  on  the  list, 
the  Senate  shall  choose  the  Vice  President ;  a  quorum  for  the  pur 
pose  shall  consist  of  two-thirds  of  the  whole  number  of  Senators, 
and  a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

(5)  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice  President  of  the  Con 
federate  States. 

(6)  The   Congress  may  determine   the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes ;  which 
day  shall  be  the  same  throughout  the  Confederate  States. 

(7)  No  person  except  a  natural-born  citizen  of  the  Confederate 
States,  or  a  citizen  thereof  at  the  time  of  the  adoption  of  this  Con 
stitution,  or  a  citizen  thereof  born  in  the  United  States  prior  to 
the  2Oth  of  December,  1860,  shall  be  eligible  to  the  office  of  Presi 
dent;  neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  limits  of  the  Confederate  States,  as  they 
may  exist  at  the  time  of  his  election. 

(8)  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  said  office,  the  same  shall  devolve  on  the  Vice  Pres 
ident  ;  and  the  Congress  may,  by  law,  provide  for  the  case  of  re 
moval,  death,  resignation,  or  inability,  both  of  the  President  and 


48  Messages  and  Papers  of  the  Confederacy. 

Vice  President,  declaring  what  officer  shall  then  act  as  President ; 
and  such  officer  shall  act  accordingly  until  the  disability  be  re 
moved  or  a  President  shall  be  elected. 

(9)  The  President  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected;  and  he 
shall  not  receive  within  that  period  any  other  emolument  from  the 
Confederate  States,  or  any  of  them. 

( 10)  Before  he  enters  on  the  execution  of  his  office  he  shall  take 
the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  Confederate  States,  and  will,  to  the 
best  of  my  ability,  preserve,  protect,  and  defend  the  Constitution 
thereof." 

Sec.  2.  (i)  The  President  shall  be  Commander-in-Chief  of  the 
Army  and  Navy  of  the  Confederate  States,  and  of  the  militia  of 
the  several  States,  when  called  into  the  actual  service  of  the  Con 
federate  States;  he  may  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  Executive  Departments,  upon  any 
subject  relating  to  the  duties  of  their  respective  offices;  and  he 
shall  have  power  to  grant  reprieves  and  pardons  for  offenses 
against  the  Confederate  States,  except  in  cases  of  impeachment. 

(2)  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  make  treaties ;  provided  two-thirds  of  the  Senators 
present  concur;  and  he  shall  nominate,  and  by  and  with  the  ad 
vice  and  consent  of  the  Senate  shall  appoint,  ambassadors,  other 
public  ministers  and  consuls,  judges  of  the  Supreme  Court,  and 
all  other  officers  of  the  Confederate  States  whose  appointments 
are  not  herein  otherwise  provided  for,  and  which  shall  be  estab 
lished  by  law;  but  the  Congress  may,  by  law,  vest  the  appoint 
ment  of  such  inferior  officers,  as  they  think  proper,  in  the  Presi 
dent  alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

(3)  The  principal  officer  in  each  of  the  Executive  Departments, 
and  all  persons  connected  with  the  diplomatic  service,  may  be  re 
moved  from  office  at  the  pleasure  of  the  President.     All  other 
civil  officers  of  the  Executive  Departments  may  be  removed  at  any 
time  by  the  President,  or  other  appointing  power,  when  their  serv 
ices  are  unnecessary,  or  for  dishonesty,  incapacity,  inefficiency, 


Constitution  of  the  Confederate  States.  49 

misconduct,  or  neglect  of  duty ;  and  when  so  removed,  the  re 
moval  shall  be  reported  to  the  Senate,  together  with  the  reasons 
therefor. 

(4)  The  President  shall  have  power  to  fill  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session  ;  but  no  person 
rejected  by  the  Senate  shall  be  reappointed  to  the  same  office  dur 
ing  their  ensuing  recess. 

Sec.  3.  (i)  The  President  shall,  from  time  to  time,  give  to  the 
Congress  information  of  the  state  of  the  Confederacy,  and  recom 
mend  to  their  consideration  such  measures  as  he  shall  judge  neces 
sary  and  expedient ;  he  may,  on  extraordinary  occasions,  convene 
both  Mouses,  or  either  of  them ;  and  in  case  of  disagreement  be 
tween  them,  with  respect  to  the  time  of  adjournment,  he  may  ad 
journ  them  to  such  time  as  he  shall  think  proper;  he  shall  receive 
ambassadors  and  other  public  ministers ;  he  shall  take  care  that  the 
laws  be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  Confederate  States. 

Sec.  4.  (i)  The  President,  Vice  President,  and  all  civil  officers 
of  the  Confederate  States,  shall  be  removed  from  office  on  im 
peachment  for  and  conviction  of  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 


ARTICLE  III. 

Section  i.  (i)  The  judicial  power  of  the  Confederate  States 
shall  be  vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may,  from  time  to  time,  ordain  and  establish. 
The  judges,  both  of  the  Supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times,  re 
ceive  for  their  services  a  compensation  which  shall  not  be  dimin 
ished  during  their  continuance  in  office. 

Sec.  2.  (i)  The  judicial  power  shall  extend  to  all  cases  arising 
under  this  Constitution,  the  laws  of  the  Confederate  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority ;  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  con 
suls;  to  all  cases  of  admiralty  and  maritime  jurisdiction;  to  con 
troversies  to  which  the  Confederate  States  shall  be  a  party;  to 
controversies  between  two  or  more  States ;  between  a  State  and 
4 


50  Messages  and  Papers  of  the  Confederacy. 

citizens  of  another  State,  where  the  State  is  plaintiff;  between 
citizens  claiming  lands  under  grants  of  different  States;  and  be 
tween  a  State  or  the  citizens  thereof,  and  foreign  states,  citizens, 
or  subjects;  but  no  State  shall  be  sued  by  a  citizen  or  subject  of 
any  foreign  state. 

(2)  In  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Su 
preme  Court  shall  have  original  jurisdiction.     In  all  the  other 
cases  before  mentioned,  the  Supreme  Court  shall  have  appellate 
jurisdiction  both  as  to  law  and  fact,  with  such  exceptions  and 
under  such  regulations  as  the  Congress  shall  make. 

(3)  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State  where  the 
said  crimes  shall  have  been  committed ;  but  when  not  committed 
within  any  State,  the  trial  shall  be  at  such  place  or  places  as  the 
Congress  may  by  law  have  directed. 

Sec.  3.  (i)  Treason  against  the  Confederate  States  shall  con 
sist  only  in  levying  war  against  them,  or  in  adhering  to  their  ene 
mies,  giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court. 

(2)  The  Congress  shall  have  power  to  declare  the  punishment 
of  treason ;  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  I.  (i)  Full  faith  and  credit  shall  be  given  in  each  State 
to  the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State ;  and  the  Congress  may,  by  general  laws,  prescribe  the  man 
ner  in  which  such  acts,  records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

Sec.  2.  ( i )  The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States;  and 
shall  have  the  right  of  transit  and  sojourn  in  any  State  of  this 
Confederacy,  with  their  slaves  and  other  property ;  and  the  right 
of  property  in  said  slaves  shall  not  be  thereby  impaired. 

(2)  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime  against  the  laws  of  such  State,  who  shall  flee  from  justice. 


Constitution  of  the  Confederate  States.  51 

and  be  found  in  another  State,  shall,  on  demand  of  the  executive 
authority  of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 

(3)  No  slave  or  other  person  held  to  service  or  labor  in  any 
State  or  Territory  of  the  Confederate  States,  under  the  laws  there 
of,  escaping  or  lawfully  carried  into  another,  shall,  in  consequence 
of  any  law  or  regulation  therein,  be  discharged  from  such  service 
or  labor ;  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  slave  belongs,  or  to  whom  such  service  or  labor  may  be 
due. 

Sec.  3.  ( i)  Other  States  may  be  admitted  into  this  Confederacy 
by  a  vote  of  two-thirds  of  the  whole  House  of  Representatives 
and  two-thirds  of  the  Senate,  the  Senate  voting  by  States ;  but  no 
new  State  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  State,  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of  the  Leg 
islatures  of  the  States  concerned,  as  well  as  of  the  Congress. 

(2)  The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  concerning  the  property  of  the  Con 
federate  States,  including  the  lands  thereof. 

(3)  The  Confederate  States  may  acquire  new  territory;  and 
Congress  shall  have  power  to  legislate  and  provide  governments 
for  the  inhabitants  of  all  territory  belonging  to  the  Confederate 
States,  lying  without  the  limits  of  the  several  Sates;  and  may 
permit  them,  at  such  times,  and  in  such  manner  as  it  may  by  law 
provide,  to  form  States  to  be  admitted  into  the  Confederacy.     In 
all  such  territory  the  institution  of  negro  slavery,  as  it  now  exists 
in  the  Confederate  States,  shall  be  recognized  and  protected  by 
Congress  and  by  the  Territorial  government ;  and  the  inhabitants 
of  the  several  Confederate  States  and  Territories  shall  have  the 
right  to  take  to  such  Territory  any  slaves  lawfully  held  by  them  in 
any  of  the  States  or  Territories  of  the  Confederate  States. 

(4)  The  Confederate  States  shall  guarantee  to  every  State  that 
now  is,  or  hereafter  may  become,  a  member  of  this  Confederacy,  a 
republican  form  of  government ;  and  shall  protect  each  of  them 
against  invasion  ;  and  on  application  of  the  Legislature  (or  of  the 
Executive  when  the  Legislature  is  not  in  session)  against  domestic 
violence. 


52  Messages  and  Papers  of  the  Confederacy. 

ARTICLE  V. 

Section  i.  (i)  Upon  the  demand  of  any  three  States,  legally 
assembled  in  their  several  conventions,  the  Congress  shall  sum 
mon  a  convention  of  all  the  States,  to  take  into  consideration  such 
amendments  to  the  Constitution  as  the  said  States  shall  concur  in 
suggesting  at  the  time  when  the  said  demand  is  made ;  and  should 
any  of  the  proposed  amendments  to  the  Constitution  be  agreed  on 
by  the  said  convention — voting  by  States — and  the  same  be  rat 
ified  by  the  Legislatures  of  two-thirds  of  the  several  States,  or  by 
conventions  in  two-thirds  thereof — as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  the  general  convention — they 
shall  thenceforward  form  a  part  of  this  Constitution.  But  no 
State  shall,  without  its  consent,  be  deprived  of  its  equal  representa 
tion  in  the  Senate. 

ARTICLE  VI. 

1.  The  Government  established  by  this  Constitution  is  the  suc 
cessor  of  the  Provisional  Government  of  the  Confederate  States  of 
America,  and  all  the  laws  passed  by  the  latter  shall  continue  in 
force  until  the  same  shall  be  repealed  or  modified ;  and  all  the  of 
ficers  appointed  by  the  same  shall  remain  in  office  until  their  suc 
cessors  are  appointed  and  qualified,  or  the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution  shall  be  as  valid  against  the  Con 
federate  States  under  this  Constitution,  as  under  the  Provisional 
Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate  States 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  Confederate  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  State  shall 
be  bound  thereby,  anything  in  the  constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding. 

4.  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  Legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  Confederate  States  and  of  the  several 
States,  shall  be  bound  by  oath  or  affirmation  to  support  this  Con 
stitution  ;  but  no  religious  test  shall  ever  be  required  as  a  qualifica 
tion  to  any  office  or  public  trust  under  the  Confederate  States. 


Constitution  of  the  Confederate  States.  53 

5.  The  enumeration,  in  the  Constitution,  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retain-ed  by  the  peo 
ple  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States,  respectively,  or  to  the  people  thereof. 


ARTICLE  VII. 

1.  The  ratification  of  the  conventions  of  five  States  shall  be  suf 
ficient  for  the  establishment  of  this  Constitution  between  the  States 
so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitution,  in  the 
manner  before  specified,  the  Congress  under  the  Provisional  Con 
stitution  shall  prescribe  the  time  for  holding  the  election  of  Presi 
dent  and  Vice  President ;  and  for  the  meeting  of  the  Electoral 
College;  and  for  counting  the  votes,  and  inagurating  the  Presi 
dent.     They  shall,  also,  prescribe  the  time  for  holding  the  first 
election  of  members  of  Congress  under  this  Constitution,  and  the 
time  for  assembling  the  same.    Until  the  assembling  of  such  Con 
gress,  the  Congress  under  the  Provisional  Constitution  shall  con 
tinue  to  exercise  the  legislative  powers  granted  them ;  not  extend 
ing  beyond  the  time  limited  by  the  Constitution  of  the  Provisional 
Government. 

Adopted  unanimously  by  the  Congress  of  the  Confederate  States 
of  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Loui 
siana,  and  Texas,  sitting  in  convention  at  the  capitol,  in  the  city 
of  Montgomery,  Ala.,  on  the  eleventh  day  of  March,  in  the  year 
eighteen  hundred  and  sixty-one. 

Ho  WELL  COBR, 
President  of  the  Congress'. . 

South  Carolina :  R.  Barnwell  Rhett,  C.  G.  Memminger, 
Wm.  Porcher  Miles,  James  Chesnut,  Jr.,  R.  W.  Barn- 
well,  William  W.  Boyce,  Lawrence  M.  Keitt,  T.  J. 
Withers. 

Georgia :  Francis  S.  Bartow,  Martin  J.  Crawford,  Benja 
min  H.  Hill,  Thos.  R.  R.  Cobb. 


54  Messages  and  Papers  of  the  Confederacy. 

Florida:  Jackson  Morton,  J.  Patton  Anderson,  Jas.  B. 
Owens. 

Alabama:  Richard  W.  Walker,  Robt.  H.  Smith,  Colin 
J.  McRae,  William  P.  Chilton,  Stephen  F.  Hale,  David 
P.  Lewis,  Tho.  Fearn,  Jno.  Gill  Shorter,  J.  L.  M. 
Curry. 

Mississippi :  Alex.  M.  Clayton,  James  T.  Harrison,  Wil 
liam  S.  Barry,  W.  S.  Wilson,  Walker  Brooke,  W.  P. 
Harris,  J.  A.  P.  Campbell. 

Louisiana:  Alex,  de  Clouet,  C.  M.  Conrad,  Duncan  F. 
Kenner,  Henry  Marshall. 

Texas:  John  Hemphill,  Thomas  N.  Waul,  John  H. 
Reagan,  Williamson  S.  Oldham,  Louis  T.  Wigfall, 
John  Gregg,  William  Beck  Ochiltree. 


Provisional  Congress.  55 

MESSAGES. 

EXECUTIVE  DEPARTMENT, 
MONTGOMERY,  ALA.,  February  25,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  hereby  transmit  for  the  advice  of  the  Congress  the  fol 
lowing  nominations  of  Commissioners  to  the  Government  of  the 
United  States  of  America  in  accordance  with  the  resolution*  of 
Congress  providing  for  such  commission,  and  declaratory  of  the 
purposes  thereof:  A.  B.  Roman,  of  Louisiana;  M.  J.  Crawford, 
of  Georgia ;  John  Forsyth,  of  Alabama. 

JEFF'N  DAVIS. 


LETTER  OF  PRESIDENT  DAVIS   TO   PRESIDENT 
LINCOLN. 

MONTGOMERY,  February  27,  1861. 

The  President  of  the  United  States:  Being  animated  by  an 
earnest  desire  to  unite  and  bind  together  our  respective  countries 
by  friendly  ties,  I  have  appointed  M.  J.  Crawford,  one  of  our 
most  settled  and  trustworthy  citizens,  as  special  commissioner  of 
the  Confederate  States  of  America  to  the  Government  of  the 
United  States ;  and  I  have  now  the  honor  to  introduce  him  to  you, 
and  to  ask  for  him  a  reception  and  treatment  corresponding  to  his 
station  and  to  the  purpose  for  which  he  is  sent.  Those  purposes 
he  will  more  particularly  explain  to  you.  Hoping  that  through 
his  agency,  &c.  [sic.]  JEFF'N  DAVIS. 

*The  resolution  is  as  follows : 

•'A  RESOLUTION  FOR  THE  APPOINTMENT  OF  COMMISSIONERS  TO  THE  GOV 
ERNMENT  OF  THE  UNITED  STATES  OF  AMERICA. 

"Resolved  by  the  Confederate  States  of  America  in  Congress  Assem 
bled,  That  it  is  the  sense  of  this  Congress  that  a  commission  of  three  per 
sons  be  appointed  by  the  President  elect,  as  early  as  may  be  convenient 
after  his  inauguration,  and  sent  to  the  government  of  the  United  States  of 
America,  for  the  purpose  of  negotiating  friendly  relations  between  that 
government  and  the  Confederate  States  of  America,  and  for  the  settle 
ment  of  all  questions  of  disagreement  between  the  two  governments  upon 
principles  of  right,  justice,  equity,  and  good  faith." 

Adopted  February  15,  1861. 


56  Messages  and  Papers  of  the  Confederacy. 

For  the  purpose  of  establishing  friendly  relations  between  the 
Confederate  States  and  the  United  States,  and  reposing  special 
trust,  &c.,  Martin  J.  Crawford,  John  Forsyth,  and  A.  B.  Roman 
are  appointed  special  commissioners  of  the  Confederate  States  to 
the  United  States.  I  have  invested  them  with  full  and  all  manner 
of  power  and  authority  for  and  in  the  name  of  the  Confederate 
States  to  meet  and  confer  with  any  person  or  persons  duly 
authorized  by  the  Government  of  the  United  States  being  fur 
nished  with  like  powers  and  authority,  and  with  them  to  agree, 
treat,  consult,  and  negotiate  of  and  concerning  all  matters  and 
subjects  interesting  to  both  nations,  and  to  conclude  and  sign  a 
treaty  or  treaties,  convention  or  conventions,  touching  the  prem 
ises,  transmitting  the  same  to  the  President  of  the  Confederate 
States  for  his  final  ratification  by  and  with  the  consent  of  the  Con 
gress  of  the  Confederate  States. 

Given  under  my  hand  at  the  city  of  Montgomery  this  27th  day 
of  February,  A.D.  1861,  and  of  the  Independence  of  the  Confed 
erate  States  the  eighty-fifth. 

JEFF'N  DAVIS. 

ROBERT  TOOMBS,  Secretary  of  State. 


EXECUTIVE  OFFICE,  February  26,  1861. 

Gentlemen  of  the  Congress:  Though  the  General  Government 
of  the  Confederate  States  is  specially  charged  with  the  questions 
arising  from  the  present  condition  of  Forts  Sumter  and  Pickens, 
and  the  Executive  is  required  by  negotiation  or  other  means  to 
obtain  possession  of  those  works,  and  though  the  common  de 
fense  and  the  issues  of  peace  or  war  of  the  Confederate  States 
must  necessarily  be  conducted  by  their  general  agents,  the  only 
material  of  war  which  we  possess  is  held  by  the  authorities  of  the 
several  States.  To  distribute  the  arms  and  munitions  so  as  best 
to  provide  for  the  defense  of  the  country,  it  is  needful  that  they 
be  placed  under  the  control  of  the  General  Government.  We 
have  now  but  little  information  as  to  the  quantity  and  quality  of 
the  military  supplies  on  hand,  and  have  no  authority  to  call  for 
returns  from  the  officers  of  the  States.  The  courtesy  and  patriot 
ism  of  the  respective  Governors  would  no  doubt  willingly  meet 
such  inquiry,  and  would  probably  induce  them  to  transfer  either 


Provisional  Congress.  57 

armament  or  stores  in  compliance  with  a  requisition  from  this 
Government,  but  efficiency  requires  the  exclusive  control  as  well 
of  the  means  as  of  the  works  of  defense.  The  General  Govern 
ment  being  also  charged  with  foreign  intercourse,  may  have  in 
the  course  of  negotiation  to  account  for  the  property  of  the 
United  States  which,  as  a  consequence  of  secession,  passed  under 
the  authority  of  the  several  States  anterior  to  the  formation  of 
this  Government.  For  these  considerations  I  respectfully  suggest 
that  the  proper  legislation  be  adopted  to  secure  the  transfer  of  all 
arms  and  munitions  now  in  the  forts,  arsenals,  and  navy  yards  to 
the  custody  of  the  Government  of  the  Confederate  States,  and 
that  full  returns  be  made  of  all  arms  and  munitions  which  have 
been  distributed  from  the  public  stores  to  the  troops  of  the  sev 
eral  States,  with  authority  to  this  Government  to  take  charge  of 
the  accountability  for  them,  and  also  to  receive,  to  be  accounted 
for  to  the  several  States,  such  arms  and  munitions  as  have  been 
purchased  by  them,  and  which  they  are  willing  to  devote  to  the 
common  service  of  the  Confederacy.  The  difficulty  of  supplying 
our  wants  in  that  regard  by  purchases  abroad  or  by  manufacture 
at  home  is  well  known  to  the  Congress,  and  will  render  unneces 
sary  an  argument  to  enforce  the  general  policy  herein  presented. 
and  I  have  only  respectfully  to  commend  the  subject  to  your  con 
sideration.  JEFF'N  DAVIS. 

EXECUTIVE  DEPARTMENT, 
MONTGOMERY,  ALA..  February  26,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  hereby  transmit  for  the  advice  of  the  Congress  the  fol 
lowing  nominations,  in  accordance  with  a  resolution  passed  Feb 
ruary  13,  1861,  to  provide  for  a  commission  to  proceed  to  Europe 
under  instructions  to  be  given :  W.  L.  Yancey,  of  Alabama ;  P.  A. 
Rost,  of  Louisiana;  A.  Dudley  Mann,  of  Confederate  States. 

JEFF'N  DAVIS. 

MONTGOMERY,   ALA., 
EXECUTIVE  OFFICE,  March  5,   1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 
Sir:  Herewith  I  have  the  honor  to  transmit  the  estimate  of  the 


58  Messages  and  Papers  of  the  Confederacy. 

Secretary  of  War  of  the  amount  required  for  the  support  of  the 
Army  of  the  Confederate  States,  also,  of  that  requisite  for  the 
support  of  a  portion  of  the  provisional  army,  authorized  to  be 
raised. 

The  estimate,  it  will  be  observed,  is  for  the  authorized  strength 
of  the  army,  and  as  a  large  portion  of  that  force  will  probably  not 
be  enlisted  or  commissioned,  there  will  be  a  balance  of  appropria 
tion  which,  if  permitted,  might  be  used  to  support  additional 
troops  of  a  provisional  army,  a  character  of  force  which  may  be 
more  speedily  raised,  and  on  which  we  must,  in  any  early  neces 
sity,  expect  mainly  to  rely.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  March  12,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  To  enable  the  Secretary  of  War  most  advantageously  to 
perform  the  duties  devolved  upon  him  in  relation  to  the  Indian 
tribes  by  the  second  section  of  the  Act  to  establish  the  War  De 
partment  of  February  21,  1861,  it  is  deemed  desirable  that  there 
should  be  established  a  Bureau  of  Indian  Affairs,  and,  if  the 
Congress  concur  in  this  view,  I  have  the  honor  respectfully  to 
recommend  that  provision  be  made  for  the  appointment  of  a 
Commissioner  of  Indian  Affairs,  and  for  one  clerk  to  aid  him  in 
the  discharge  of  his  official  duties.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  15,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  hereby  transmit  a  communication  from  the  Secretary  of 
War,  suggesting  for  the  consideration  of  Congress  an  additional 
appropriation  of  one  hundred  and  ten  thousand  dollars  for  the 
purchase  of  cannon  powder  and  musket  powder.  Concurring  in 
his  belief  that  his  former  estimate  was  insufficient,  the  additional 
appropriation  asked  for  is  commended  to  the  favorable  consid 
eration  of  the  Congress.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  March  16,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 
Sir:  I  hereby  transmit  a  communication  from  the  Secretary  of 


Provisional  Congress.  59 

War,  suggesting  an  appropriation  of  five  thousand  dollars  to 
meet  the  salaries  and  incidental  expenses  of  the  Bureau  of  Indian 
Affairs.  JEFFERSON  DAVIS. 


VETO  MESSAGE. 

EXECUTIVE  DEPARTMENT,  February  28,  1861. 
Gentlemen  of  Congress:  With  sincere  deference  to  the  judg 
ment  of  Congress,  I  have  carefully  considered  the  bill  in  relation 
to  the  slave  trade,  and  to  punish  persons  offending  therein,  but 
have  not  been  able  to  approve  it,  and  therefore  do  return  it  with 
a  statement  of  my  objections.  The  Constitution  (section  7,  ar 
ticle  I.)  provides  that  the  importation  of  African  negroes  from 
any  foreign  country  other  than  slave-holding  States  of  the  United 
States  is  hereby  forbidden,  and  Congress  is  required  to  pass  such 
laws  as  shall  effectually  prevent  the  same.  The  rule  herein  given 
is  emphatic,  and  distinctly  directs  the  legislation  which  shall  ef 
fectually  prevent  the  importation  of  African  negroes.  The  bill 
before  me  denounces  as  high  misdemeanor  the  importation  of 
African  negroes  or  other  persons  of  color,  either  to  be  sold  as 
slaves  or  to  be  held  to  service  or  labor,  affixing  heavy,  degrading 
penalties  on  the  act,  if  done  with  such  intent.  To  that  extent  it 
accords  with  the  requirements  of  the  Constitution,  but  in  the 
sixth  section  of  the  bill  provision  is  made  for  the  transfer  of  per 
sons  who  may  have  been  illegally  imported  into  the  Confederate 
States  to  the  custody  of  foreign  States  or  societies,  upon  condi 
tion  of  deportation  and  future  freedom,  and  if  the  proposition 
thus  to  surrender  them  shall  not  be  accepted,  it  is  then  made  the 
duty  of  the  President  to  cause  said  negroes  to  be  sold  at  public 
outcry  to  the  highest  bidder  in  any  one  of  the  States  where  such 
sale  shall  not  be  inconsistent  with  the  laws  thereof.  This  pro 
vision  seems  to  me  to  be  in  opposition  to  the  policy  declared  in 
the  Constitution — the  prohibition  of  the  importation  of  African 
negroes — and  in  derogation  of  its  mandate  to  legislate  for  the 
effectuation  of  that  object.  Wherefore  the  bill  is  returned  to  you 
for  your  further  consideration,  and,  together  with  the  objections, 
most  respectfully  submitted.  JEFF'N  DAVIS. 


60  Messages  and  Papers  of  the  Confederacy. 

PROCLAMATIONS. 

BY  THE  PRESIDENT-  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  an  extraordinary  occasion  has  occurred,  rendering 
it  necessary  and  proper  that  the  Congress  of  the  Confederate 
States  shall  convene  to  receive  and  act  upon  such  communica 
tions  as  may  be  made  to  it  on  the  part  of  the  Executive ; 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States,  do  issue  this  my  proclamation,  convoking  the  Con 
gress  of  the  Confederate  States  for  the  transaction  of  business 
at  the  capitol,  in  the  city  of  Montgomery,  on  the  2Qth  day  of 
April,  at  twelve  o'clock  noon  of  that  day,  of  which  all  who  shall 
at  that  time  be  entitled  to  act  as  members  of  that  body  are  hereby 
required  to  take  notice. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States, 
at  Montgomery,  this  I2th  day  of  April,  A.D.  1861. 

[L.  s.]  JEFFERSON  DAVIS. 

By  the  President:  R.  TOOMBS,  Secretary  of  State. 


''  BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  Abraham  Lincoln,  the  President  of  the  United  States, 
has,  by  proclamation,  announced  the  intention  of  invading  this 
Confederacy  with  an  armed  force  for  the  purpose  of  capturing 
its  fortresses,  and  thereby  subverting  its  independence  and  sub 
jecting  the  free  people  thereof  to  the  dominion  of  a  foreign  power ; 
and,  whereas,  it  has  thus  become  the  duty  of  this  government  to 
repel  the  threatened  invasion,  and  to  defend  the  rights  and  liber 
ties  of  the  people  by  all  the  means  which  the  laws  of  nations  and 
the  usages  of  civilized  warfare  place  at  its  disposal; 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States  of  America,  do  issue  this  my  proclamation,  inviting 


Provisional  Congress.  61 

all  those  who  may  desire,  by  service  in  private  armed  vessels  on 
the  high  seas,  to  aid  this  government  in  resisting  so  wanton  and 
wicked  an  aggression,  to  make  application  for  commissions  or 
letters  of  marque  and  reprisal  to  be  issued  under  the  seal  of  these 
Confederate  States. 

And  I  do  further  notify  all  persons  applying  for  letters  of 
marque  to  make  a  statement  in  writing,  giving  the  name  and  a 
suitable  description  of  the  character,  tonnage,  and  force  of  the 
vessel,  and  the  name  and  place  of  residence  of  each  owner  con 
cerning  therein,  and  the  intended  number  of  the  crew,  and  to  sign 
said  statement  and  deliver  the  same  to  the  Secretary  of  State,  or 
to  the  collector  of  any  port  of  entry  of  these  Confederate  States, 
to  be  by  him  transmitted  to  the  Secretary  of  State. 

And  I  do  further  notify  all  applicants  aforesaid  that  before 
any  commission  or  letter  of  marque  is  issued  to  any  vessel,  the 
owner  or  owners  thereof,  and  the  commander  for  the  time  being, 
will  be  required  to  give  bond  to  the  Confederate  States,  with  at 
least  two  responsible  sureties,  not  interested  in  such  vessel,  in  the 
penal  sum  of  five  thousand  dollars ;  or  if  such  vessel  be  provided 
with  more  than  one  hundred  and  fifty  men,  then  in  the  penal  sum 
of  ten  thousand  dollars,  with  condition  that  the  owners,  officers, 
and  crew  who  shall  be  employed  on  board  such  commissioned  ves 
sel  shall  observe  the  laws  of  these  Confederate  States  and  the  in 
structions  given  to  them  for  the  regulation  of  their  conduct. 
That  they  shall  satisfy  all  damages  done  contrary  to  the  tenor 
thereof  by  such  vessel  during  her  commission,  and  deliver  up  the 
same  when  revoked  by  the  President  of  the  Confederate  States. 

And  I  do  further  specially  enjoin  on  all  persons  holding  of 
fices,  civil  and  military,  under  the  authority  of  the  Confederate 
States,  that  they  be  vigilant  and  zealous  in  discharging  the  du 
ties  incident  thereto;  and  I  do,  moreover,  solemnly  exhort  the 
good  people  of  these  Confederate  States,  as  they  love  their  country, 
as  they  prize  the  blessings  of  free  governmnt,  as  they  feel  the 
wrongs  of  the  past  and  these  now  threatened  in  aggravated  form 
by  those  whose  enmity  is  more  implacable  because  unprovoked, 
that  they  exert  themselves  in  preserving  order,  in  promoting  con 
cord,  in  maintaining  the  authority  and  efficacy  of  the  laws,  and  in 
supporting  and  invigorating  all  the  measures  which  may  be 
adopted  for  the  common  defense,  and  by  which,  under  the  bless- 


62  Messages  and  Papers  of  the  Confederacy 

ings  of  Divine  Providence,  we  may  hope  for  a  speedy,  just,  and 
honorable  peace. 

In  testimony  whereof  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  Confederate  States  to  be  affixed,  this  seventeenth 
day  of  April,  1861. 

[Signed]  JEFFERSON  DAVIS. 

By  the  President :  R.  TOOMBS,  Secretary  of  State. 


JEFFERSON  DAVIS,  PRESIDENT  OF  THE  CONFEDERATE  STATES  OF 

AMERICA,  TO  ALL  WHOM  THESE  PRESENTS  SHALL 

CONCERN,  GREETING: 

Know  ye,  that  for  the  purpose  of  establishing  friendly  relations 
between  the  Confederate  States  of  America  and  the  Common 
wealth  of  Virginia,  and  reposing  special  trust  and  confidence  in 
the  integrity,  prudence,  and  ability  of  Alexander  H.  Stephens, 
Vice  President  of  the  Confederate  States  of  America,  appointed 
special  commissioner  of  the  Confederate  States  to  the  Common 
wealth  of  Virginia,  I  have  invested  him  with  full  and  all  manner 
of  power  and  authority,  for  and  in  the  name  of  the  Confederate 
States,  to  meet  and  confer  with  any  person  or  persons  authorized 
by  the  Government  of  Virginia,  being  furnished  with  like  power 
and  authority,  and  with  him  or  them  to  agree,  treat,  consult,  and 
negotiate  of  and  concerning  all  matters  'and  subjects  interesting 
to  both  Republics;  and  to  conclude  and  sign  a  treaty  or  treaties, 
convention  or  conventions,  touching  the  premises,  transmitting 
the  same  to  the  President  of  the  Confederate  States  for  his  final 
ratification,  by  and  with  the  advice  and  consent  of  the  Congress 
of  the  Confederate  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  Confederate 
States  to  be  hereunto  affixed. 

Given  under  my  hand  at  the  city  of  Montgomery  this  iQth  day 
of  April,  A.D.  1861.  JEFF'N  DAVIS. 

By  the  President :  ROBERT  TOOMBS,  Secretary  of  State. 


Provisional  Congress.  63 

SECOND  SESSION  (CALLED). 

MET   AT    MONTGOMERY,   ALA.,   APRIL   29,    l86l.       ADJOURNED 
MAY  21,    l86l. 

MESSAGES. 

MONTGOMERY,  April  29,  1861. 

Gentlemen  of  the  Congress:  It  is  my  pleasing  duty  to  announce 
to  you  that  the  Constitution  framed  for  the  establishment  of  a 
permanent  Government  for  the  Confederate  States  has  been  rat 
ified  by  conventions  in  each  of  those  States  to  which  it  was  re 
ferred.  To  inaugurate  the  Government  in  its  full  proportions 
and  upon  its  own  substantial  basis  of  the  popular  will,  it  only 
remains  that  elections  should  be  held  for  the  designation  of  the 
officers  to  administer  it.  There  is  every  reason  to  believe  that  at 
no  distant  day  other  States,  identified  in  political  principles  and 
community  of  interests  with  those  which  you  represent,  will  join 
this  Confederacy,  giving  to  its  typical  constellation  increased 
splendor,  to  its  Government  of  free,  equal,  and  sovereign  States 
a  wider  sphere  of  usefulness,  and  to  the  friends  of  constitutional 
liberty  a  greater  security  for  its  harmonious  and  perpetual  ex 
istence.  It  was  not,  however,  for  the  purpose  of  making  this  an 
nouncement  that  I  have  deemed  it  my  duty  to  convoke  you  at  an 
earlier  day  than  that  fixed  by  yourselves  for  your  meeting.  The 
declaration  of  war  made  against  this  Confederacy  by  Abraham 
Lincoln,  the  President  of  the  United  States,  in  his  proclamation 
issued  on  the  I5th  day  of  the  present  month,  rendered  it  neces 
sary,  in  my  judgment,  that  you  should  convene  at  the  earliest 
practicable  moment  to  devise  the  measures  necessary  for  the  de 
fense  of  the  country.  The  occasion  is  indeed  an  extraordinary 
one.  It  justifies  me  in  a  brief  review  of  the  relations  heretofore 
existing  between  us  and  the  States  which  now  unite  in  warfare 
against  us  and  in  a  succinct  statement  of  the  events  which  have 
resulted  in  this  warfare,  to  the  end  that  mankind  may  pass  intelli 
gent  and  impartial  judgment  on  its  motives  and  objects.  During 
the  war  waged  against  Great  Britain  by  her  colonies  on  this  con 
tinent  a  common  danger  impelled  them  to  a  close  alliance  and  to 
the  formation  of  a  Confederation,  bv  the  terms  of  which  the  col- 


64  Messages  and  Papers  of  the  Confederacy. 

onies,  styling  themselves  States,  entered  "severally  into  a  firm 
league  of  friendship  with  each  other  for  their  common  defense, 
the  security  of  their  liberties,  and  their  mutual  and  general  wel 
fare,  binding  themselves  to  assist  each  other  against  all  force  of 
fered  to  or  attacks  made  upon  them,  or  any  of  them,  on  account 
of  religion,  sovereignty,  trade,  or  any  other  pretense  whatever." 
In  order  to  guard  against  any  misconstruction  of  their  compact, 
the  several  States  made  explicit  declaration  in  a  distinct  article — 
that  "each  State  retains  its  sovereignty,  freedom,  and  independ 
ence,  and  every  power,  jurisdiction,  and  right  which  is  not  by 
this  Confederation  expressly  delegated  to  the  United  States  in 
Congress  assembled." 

Under  this  contract  of  alliance,  the  war  of  the  Revolution  was 
successfully  waged,  and  resulted  in  the  treaty  of  peace  with  Great 
Britain  in  1783,  by  the  terms  of  which  the  several  States  were 
each  by  name  recognized  to  be  independent.  The  Articles  of 
Confederation  contained  a  clause  whereby  all  alterations  were 
prohibited  unless  confirmed  by  the  Legislatures  of  every  State 
after  being  agreed  to  by  the  Congress;  and  in  obedience  to  this 
provision,  under  the  resolution  of  Congress  of  the  2ist  of  Feb 
ruary,  1787,  the  several  States  appointed  delegates  who  attended 
a  convention  "for  the  sole  and  express  purpose  of  revising  the 
Articles  of  Confederation  and  reporting  to  Congress  and  the  sev 
eral  Legislatures  such  alterations  and  provisions  therein  as  shall, 
when  agreed  to  in  Congress  and  confirmed  by  the  States,  render 
the  Federal  Constitution  adequate  to  the  exigencies  of  Govern 
ment  and  the  preservation  of  the  Union."  It  was  by  the  dele 
gates  chosen  by  the  several  States  under  the  resolution  just  quot 
ed  that  the  Constitution  of  the  United  States  was  framed  in  1787 
and  submitted  to  the  several  States  for  ratification,  as  shown  by 
the  seventh  article,  which  is  in  these  words:  "The  ratification  of 
the  conventions  of  nine  States  shall  be  sufficient  for  the  establish 
ment  of  this  Constitution  between  the  States  so  ratifying  the 
same."  I  have  italicized  certain  words  in  the  quotations  just 
made  for  the  purpose  of  attracting  attention  to  the  singular  and 
marked  caution  with  which  the  States  endeavored  in  every  pos 
sible  form  to  exclude  the  idea  that  the  separate  and  independent 
sovereignty  of  each  State  was  merged  into  one  common  govern 
ment  and  nation,  and  the  earnest  desire  they  evinced  to  impress 
on  the  Constitution  its  true  character — that  of  a  compact  between 


Provisional  Congress.  65 

independent  States.  The  Constitution  of  1787,  having,  however, 
omitted  the  clause  already  recited  from  the  Articles  of  Confedera 
tion,  which  provided  in  explicit  terms  that  each  State  retained 
its  sovereignty  and  independence,  some  alarm  was  felt  in  the 
States,  when  invited  to  ratify  the  Constitution,  lest  this  omission 
should  be  construed  into  an  abandonment  of  their  cherished  princi 
ple,  and  they  refused  to  be  satisfied  until  amendments  were  added 
to  the  Constitution  placing  beyond  any  pretense  of  doubt  the 
reservation  by  the  States  of  all  their  sovereign  rights  and  powers 
not  expressly  delegated  to  the  United  States  by  the  Constitution. 
Strange,  indeed,  must  it  appear  to  the  impartial  observer,  but 
it  is  none  the  less  true  that  all  these  carefully  worded  clauses 
proved  unavailing  to  prevent  the  rise  and  growth  in  the  Northern 
States  of  a  political  school  which  has  persistently  claimed  that  the 
government  thus  formed  was  not  a  compact  between  States,  but 
was  in  effect  a  national  government,  set  up  above  and  over  the 
States.  An  organization  created  by  the  States  to  secure  the  bless 
ings  of  liberty  and  independence  against  foreign  aggression,  has 
been  gradually  perverted  into  a  machine  for  their  control  in  their 
domestic  affairs.  The  creature  has  been  exalted  above  its  cre 
ators;  the  principals  have  been  made  subordinate  to  the  agent 
appointed  by  themselves.  The  people  of  the  Southern  States, 
whose  almost  exclusive  occupation  was  agriculture,  early  per 
ceived  a  tendency  in  the  Northern  States  to  render  the  common 
government  subservient  to  their  own  purposes  by  imposing  bur 
dens  on  commerce  as  a  protection  to  their  manufacturing  and 
shipping  interests.  Long  and  angry  controversies  grew  out  of 
these  attempts,  often  successful,  to  benefit  one  section  of  the  coun 
try  at  the  expense  of  the  other.  And  the  danger  of  disruption 
arising  from  this  cause  was  enhanced  by  the  fact  that  the  North 
ern  population  was  increasing,  by  immigration  and  other  causes, 
in  a  greater  ratio  than  the  population  of  the  South.  By  degrees, 
as  the  Northern  States  gained  preponderance  in  the  National 
Congress,  self-interest  taught  their  people  to  yield  ready  assent 
to  any  plausible  advocacy  of  their  right  as  a  majority  to  govern 
the  minority  without  control.  They  learned  to  listen  with  im 
patience  to  the  suggestion  of  any  constitutional  impediment  to  the 
exercise  of  their  will,  and  so  utterly  have  the  principles  of  the 
Constitution  been  corrupted  in  the  Northern  mind  that,  in  the 
inaugural  address  delivered  by  President  Lincoln  in  March  last, 
5 


66  Messages  and  Papers  of  the  Confederacy. 

he  asserts  as  an  axiom,  which  he  plainly  deems  to  be  undeniable, 
that  the  theory  of  the  Constitution  requires  that  in  all  cases  the 
majority  shall  govern ;  and  in  another  memorable  instance  the 
same  Chief  Magistrate  did  not  hesitate  to  liken  the  relations  be 
tween  a  State  and  the  United  States  to  those  which  exist  between 
a  county  and  the  State  in  which  it  is  situated  and  by  which  it  was 
created.  This  is  the  lamentable  and  fundamental  error  on  which 
rests  the  policy  that  has  culminated  in  his  declaration  of  war 
'against  these  Confederate  States.  In  addition  to  the  long-contin 
ued  and  deep-seated  resentment  felt  by  the  Southern  States  at  the 
persistent  abuse  of  the  powers  they  had  delegated  to  the  Con 
gress,  for  the  purpose  of  enriching  the  manufacturing  and  ship 
ping  classes  of  the  North  at  the  expense  of  the  South,  there  has 
existed  for  nearly  half  a  century  another  subject  of  discord,  in 
volving  interests  of  such  transcendent  magnitude  as  at  all  times 
to  create  the  apprehension  in  the  minds  of  many  devoted  lovers 
of  the  Union  that  its  permanence  was  impossible.  When  the  sev 
eral  States  delegated  certain  powers  to  the  United  States  Con 
gress,  a  large  portion  of  the  laboring  population  consisted  of  Af 
rican  slaves  imported  into  the  colonies  by  the  mother  country.  In 
twelve  out  of  the  thirteen  States  negro  slavery  existed,  and  the 
right  of  property  in  slaves  was  protected  by  law.  This  property 
was  recognized  in  the  Constitution,  and  provision  was  made 
against  its  loss  by  the  escape  of  the  slave.  The  increase  in  the  num 
ber  of  slaves  by  further  importation  from  Africa  was  also  secured 
by  a  clause  forbidding  Congress  to  prohibit  the  slave  trade  ante 
rior  to  a  certain  date,  and  in  no  clause  can  there  be  found  any  del 
egation  of  power  to  the  Congress  authorizing  it  in  any  manner  to 
legislate  to  the  prejudice,  detriment,  or  discouragement  of  the 
owners  of  that  species  of  property,  or  excluding  it  from  the  pro 
tection  of  the  Government. 

The  climate  and  soil  of  the  Northern  States  soon  proved  un- 
propitious  to  the  continuance  of  slave  labor,  whilst  the  converse 
was  the  case  at  the  South.  Under  the  unrestricted  free  intercourse 
between  the  two  sections,  the  Northern  States  consulted  their  own 
interests  by  selling  their  slaves  to  the  South  and  prohibiting  slav 
ery  within  their  limits.  The  South  were  willing  purchasers  of 
a  property  suitable  to  their  wants,  and  paid  the  price  of  the  acqui 
sition  without  harboring  a  suspicion  that  their  quiet  possession 
was  to  be  disturbed  by  those  who  were  inhibited  not  only  by  want 


Provisional  Congress.  67 

of  constitutional  authority,  but  by  good  faith  as  vendors,  from- 
disquieting  a  title  emanating  from  themselves.  As  soon,  how 
ever,  as  the  Northern  States  that  prohibited  African  slavery 
within  their  limits  had  reached  a  number  sufficient  to  give  their 
representation  a  controlling  voice  in  the  Congress,  a  persistent 
and  organized  system  of  hostile  measures  against  the  rights  of 
the  owners  of  slaves  in  the  Southern  States  was  inaugurated  and 
gradually  extended.  A  continuous  series  of  measures  was  de 
vised  and  prosecuted  for  the  purpose  of  rendering  insecure  the 
tenure  of  property  in  slaves.  Fanatical  organizations,  supplied 
with  money  by  voluntary  subscriptions,  were  assiduously  engaged' 
in  exciting  amongst  the  slaves  a  spirit  of  discontent  and  revolt; 
means  were  furnished  for  their  escape  from  their  owners,  and 
agents  secretly  employed  to  entice  them  to  abscond ;  the  constitu 
tional  provision  for  their  rendition  to  their  owners  was  first 
evaded,  then  openly  denounced  as  a  violation  of  conscientious  ob 
ligation  and  religious  duty ;  men  were  taught  that  it  was  a  merit 
to  elude,  disobey,  and  violently  oppose  the  execution  of  the  laws 
enacted  to  secure  the  performance  of  the  promise  contained  in 
the  constitutional  compact ;  owners  of  slaves  were  mobbed  and 
even  murdered  in  open  day  solely  for  applying  to  a  magistrate 
for  the  arrest  of  a  fugitive  slave ;  the  dogmas  of  these  voluntary 
organizations  soon  obtained  control  of  the  Legislatures  of  many 
of  the  Northern  States,  and  laws  were  passed  providing  for  the 
punishment,  by  ruinous  fines  and  long-continued  imprisonment 
in  jails  and  penitentiaries,  of  citizens  of  the  Southern  States  who 
should  dare  to  ask  aid  of  the  officers  of  the  law  for  the  recovery 
of  their  property.  Emboldened  by  success,  the  theater  of  agita 
tion  and  aggression  against  the  clearly  expressed  constitutional 
rights  of  the  Southern  States  was  transferred  to  the  Congress :, 
Senators  and  Representatives  were  sent  to  the  common  councils; 
of  the  nation,  whose  chief  title  to  this  distinction  consisted  in  the 
display  of  a  spirit  of  ultra  fanaticism,  and  whose  business  was 
not  "to  promote  the  general  welfare  or  insure  domestic  tranquil 
lity,"  but  to  awaken  the  bitterest  hatred  against  the  citizens  of 
sister  States  by  violent  denunciation  of  their  institutions ;  the: 
transaction  of  public  affairs  was  impeded  by  repeated  efforts  to 
usurp  powers  not  delegated  by  the  Constitution,  for  the  purpose 
of  impairing  the  security  of  property  in  slaves,  and  reducing  those 
States  which  held  slaves  to  a  condition  of  inferiority.  Finally  a. 


68  Messages  and  Papers  of  the  Confederacy. 

great  party  was  organized  for  the  purpose  of  obtaining  the  ad 
ministration  of  the  Government,  with  the  avowed  object  of  using 
its  power  for  the  total  exclusion  of  the  slave  States  from  all  par 
ticipation  in  the  benefits  of  the  public  domain  acquired  by  all  the 
States  in  common,  whether  by  conquest  or  purchase;  of  sur 
rounding  them  entirely  by  States  in  which  slavery  should  be  pro 
hibited;  of  thus  rendering  the  property  in  slaves  so  insecure  as 
to  be  comparatively  worthless,  and  thereby  annihilating  in  effect 
property  worth  thousands  of  millions  of  dollars.  This  party,  thus 
organized,  succeeded  in  the  month  of  November  last  in  the  elec 
tion  of  its  candidate  for  the  Presidency  of  the  United  States. 

In  the  meantime,  under  the  mild  and  genial  climate  of  the 
Southern  States  and  the  increasing  care  and  attention  for  the  well- 
being  and  comfort  of  the  laboring  class,  dictated  alike  by  interest 
and  humanity,  the  African  slaves  had  augmented  in  number  from 
about  600,000,  at  the  date  of  the  adoption  of  the  constitutional 
compact,  to  upward  of  4,000,000.  In  moral  and  social  condition 
they  had  been  elevated  from  brutal  savages  into  docile,  intelligent, 
and  civilized  agricultural  laborers,  and  supplied  not  only  with 
bodily  comforts  but  with  careful  religious  instruction.  Under 
the  supervision  of  a  superior  race  their  labor  had  been  so  directed 
as  not  only  to  allow  a  gradual  and  marked  amelioration  of  their 
own  condition,  but  to  convert  hundreds  of  thousands  of  square 
miles  of  the  wilderness  into  cultivated  lands  covered  with  a  pros 
perous  people ;  towns  and  cities  had  sprung  into  existence,  and  had 
rapidly  increased  in  wealth  and  population  under  the  social  sys 
tem  of  the  South ;  the  white  population  of  the  Southern  slave- 
holding  States  had  augmented  from  about  1,250,000  at  the  date 
of  the  adoption  of  the  Constitution  to  more  than  8,500,000  in 
7860;  and  the  productions  of  the  South  in  cotton,  rice,  sugar,  and 
tobacco,  for  the  full  development  and  continuance  of  which  the 
labor  of  African  slaves  was  and  is  indispensable,  had  swollen  to 
an  amount  which  formed  nearly  three-fourths  of  the  exports  of 
the  whole  United  States  and  had  become  absolutely  necessary 
to  the  wants  of  civilized  man.  With  interests  of  such  overwhelm 
ing  magnitude  imperiled,  the  people  of  the  Southern  States  were 
driven  by  the  conduct  of  the  North  to  the  adoption  of  some  course 
of  action  to  avert  the  danger  with  which  they  were  openly  men 
aced.  With  this  view  the  Legislatures  of  the  several  States  in 
vited  the  people  to  select  delegates  to  conventions  to  be  held  for 


Provisional  Congress.  69 

the  purpose  of  determining-  for  themselves  what  measures  were 
best  adapted  to  meet  so  alarming  a  crisis  in  their  history.  Here 
it  may  be  proper  to  observe  that  from  a  period  as  early  as  1798 
there  had  existed  in  all  of  the  States  of  the  Union  a  party  almost 
uninterruptedly  in  the  majority  based  upon  the  creed  that  each 
State  was,  in  the  last  resort,  the  sole  judge  as  well  of  its  wrongs 
as  of  the  mode  and  measure  of  redress.  Indeed,  it  is  obvious 
that  under  the  law  of  nations  this  principle  is  an  axiom  as  applied 
to  the  relations  of  independent  sovereign  States,  such  as  those 
which  had  united  themselves  under  the  constitutional  compact. 
The  Democratic  party  of  the  United  States  repeated,  in  its  suc 
cessful  canvass  in  1856,  the  declaration  made  in  numerous  pre 
vious  political  contests,  that  it  would  "faithfully  abide  by  and  up 
hold  the  principles  laid  down  in  the  Kentucky  and  Virginia  reso 
lutions  of  1798,  and  in  the  report  of  Mr.  Madison  to  the  Virginia 
Legislature  in  1799;  and  that  it  adopts  those  principles  as  con 
stituting  one  of  the  main  foundations  of  its  political  creed/'  The 
principles  thus  emphatically  announced  embrace  that  to  which  I 
have  already  adverted — the  right  of  each  State  to  judge  of  and 
redress  the  wrongs  of  which  it  complains.  These  principles  were 
maintained  by  overwhelming  majorities  of  the  people  of  all  the 
States  of  the  Union  at  different  elections,  especially  in  the  elec 
tions  of  Mr.  Jefferson  in  1805,  Mr.  Madison  in  1809,  and  Mr. 
Pierce  in  1852.  In  the  exercise  of  a  right  so  ancient,  so  well- 
established,  and  so  necessary  for  self-preservation,  the  people  of 
the  Confederate  States,  in  their  conventions,  determined  that 
the  wrongs  which  they  had  suffered  and  the  evils  with  which 
they  were  menaced  required  that  they  should  revoke  the  delega 
tion  of  powers  to  the  Federal  Government  which  they  had  rati 
fied  in  their  several  conventions.  They  consequently  passed  or 
dinances  resuming  all  their  rights  as  sovereign  and  independent 
States  and  dissolved  their  connection  with  the  other  States  of  the 
Union. 

Having  done  this,  they  proceeded  to  form  a  new  compact 
amongst  themselves  by  new  articles  of  confederation,  which  have 
been  also  ratified  by  the  conventions  of  the  several  States  with  an 
approach  to  unanimity  far  exceeding  that  of  the  conventions 
which  adopted  the  Constitution  of  1787.  They  have  organized 
their  new  Government  m  all  its  departments ;  the  functions  of  the 


70  Messages  and  Papers  of  the  Confederacy. 

executive,  legislative,  and  judicial  magistrates  are  performed  in 
accordance  with  the  will  of  the  people,  as  displayed  not  merely  in 
a  cheerful  acquiescence,  but  in  the  enthusiastic  support  of  the 
Government  thus  established  by  themselves ;  and  but  for  the  inter 
ference  of  the  Government  of  the  United  States  in  this  legitimate 
exercise  of  the  right  of  a  people  to  self-government,  peace,  happi 
ness,  and  prosperity  would  now  smile  on  our  land.  That  peace  is 
ardently  desired  by  this  Government  and  people  has  been  mani 
fested  in  every  possible  form.  Scarce  had  you  assembled  in  Feb 
ruary  last  when,  prior  even  to  the  inauguration  of  the  Chief  Mag 
istrate  you  had  elected,  you  passed  a  resolution  expressive  of  your 
desire  for  the  appointment  of  commissioners  to  be  sent  to  the 
Government  of  the  United  States  "for  the  purpose  of  negotiating 
friendly  relations  between  that  Government  and  the  Confederate 
States  of  America,  and  for  the  settlement  of  all  questions  of  dis 
agreement  between  the  two  Governments  upon  principles  of  right, 
justice,  equity,  and  good  faith/'  It  was  my  pleasure  as  well  as 
my  duty  to  cooperate  with  you  in  this  work  of  peace.  Indeed,  in 
my  address  to  you  on  taking  the  oath  of  office,  and  before  receiv 
ing  from  you  the  communication  of  this  resolution,  I  had  said 
"as  a  necessity,  not  a  choice,  we  have  resorted  to  the  remedy  of 
separation,  and  henceforth  our  energies  must  be  directed  to  the 
conduct  of  our  own  affairs  and  the  perpetuity  of  the  Confederacy 
which  we  have  formed.  If  a  just  perception  of  mutual  interests 
shall  permit  us  peaceably  to  pursue  our  separate  political  career, 
my  most  earnest  desire  will  have  been  fulfilled."  It  was  in  fur 
therance  of  these  accordant  views  of  the  Congress  and  the  Ex 
ecutive  that  I  made  choice  of  three  discreet,  able,  and  distinguished 
citizens,  who  repaired  to  Washington.  Aided  by  their  cordial  co 
operation  and  that  of  the  Secretary  of  State,  every  effort  com 
patible  with  self-respect  and  the  dignity  of  the  Confederacy  was 
exhausted  before  I  allowed  myself  to  yield  to  the  conviction  that 
the  Government  of  the  United  States  was  determined  to  attempt 
the  conquest  of  this  people  and  that  our  cherished  hopes  of  peace 
were  unattainable. 

On  the  arrival  of  our  commissioners  in  Washington  on  the  5th 
of  March  they  postponed,  at  the  suggestion  of  a  friendly  inter 
mediary,  doing  more  than  giving  informal  notice  of  their  arrival. 
This  was  done  with  a  view  to  afford  time  to  the  President,  who 


Provisional  Congress.  71 

had  just  been  inaugurated,  for  the  discharge  of  other  pressing 
official  duties  in  the  organization  of  his  Administration  before  en 
gaging  his  attention  in  the  object  of  their  mission.  It  was  not 
until  the  I2th  of  the  month  that  they  officially  addressed  the 
Secretary  of  State,  informing  him  of  the  purpose  of  their  arrival, 
and  stating,  in  the  language  of  their  instructions,  their  wish  "to 
make  to  the  Government  of  the  United  States  overtures  for  the 
opening  of  negotiations,  assuring  the  Government  of  the  United 
States  that  the  President,  Congress,  and  people  of  the  Confederate 
States  earnestly  desire  a  peaceful  solution  of  these  great  ques 
tions  ;  that  it  is  neither  their  interest  nor  their  wish  to  make  any 
demand  which  is  not  founded  on  strictest  justice,  nor  do  any  act 
to  injure  their  late  confederates." 

To  this  communication  no  formal  reply  was  received  until  the 
8th  of  April.  During  the  interval  the  commissioners  had  consent 
ed  to  waive  all  questions  of  form.  With  the  firm  resolve  to  avoid 
war  if  possible,  they  went  so  far  even  as  to  hold  during  that  long 
period  unofficial  intercourse  through  an  intermediary,  whose  high 
position  and  character  inspired  the  hope  of  success,  and  through 
whom  constant  assurances  were  received  from  the  Government 
of  the  United  States  of  peaceful  intentions ;  of  the  determination 
to  evacuate  Fort  Sumter ;  and  further,  that  no  measure  changing 
the  existing  status  prejudicially  to  the  Confederate  States,  espe 
cially  at  Fort  Pickens,  was  in  contemplation,  but  that  in  the  event 
of  any  change  of  intention  on  the  subject,  notice  would  be  given 
to  the  commissioners.  The  crooked  paths  of  diplomacy  can 
scarcely  furnish  an  example  so  wanting  in  courtesy,  in  candor, 
and  directness  as  was  the  course  of  the  United  States  Government 
toward  our  commissioners  in  Washington.  For  proof  of  this  I 
refer  to  the  annexed  documents  marked  -  —  ,*  taken  in  connec 
tion  with  further  facts,  which  I  now  proceed  to  relate. 

Early  in  April  the  attention  of  the  whole  country,  as  well  as 
that  of  our  commissioners,  was  attracted  to  extraordinary  prepa 
rations  for  an  extensive  military  and  naval  expedition  in  New 
York  and  other  Northern  ports.  These  preparations  commenced 
in  secrecy,  for  an  expedition  whose  destination  was  concealed, 

*Not  found  herewith,  but  see  message  of  President  Davis,  May  8,  1861, 
page  82. 


72  Messages  and  Pampers  of  the  Confederacy. 

only  became  known  when  nearly  completed,  and  on  the  5th,  6th, 
and  7th  of  April  transports  and  vessels  of  war  with  troops,  muni 
tions,  and  military  supplies  sailed  from  Northern  ports  bound 
southward.  Alarmed  by  so  extraordinary  a  demonstration,  the 
commissioners  requested  the  delivery  of  an  answer  to  their  official 
communication  of  the  I2th  of  March,  and  thereupon  received  on 
the  8th  of  April  a  reply,  dated  on  the  I5th  of  the  previous  month, 
from  which  it  appears  that  during  the  whole  interval,  whilst  the 
commissioners  were  receiving  assurances  calculated  to  inspire 
hope  of  the  success  of  their  mission,  the  Secretary  of  State  and  the 
President  of  the  United  States  had  already  determined  to  hold  no 
intercourse  with  them  whatever;  to  refuse  even  to  listen  to  any 
proposals  they  had  to  make,  and  had  profited  by  the  delay  created 
by  their  own  assurances  in  order  to  prepare  secretly  the  means 
for  effective  hostile  operations.  That  these  assurances  were 
given  has  been  virtually  confessed  by  the  Government  of  the 
United  States  by  its  sending  a  messenger  to  Charleston  to  give 
notice  of  its  purpose  to  use  force  if  opposed  in  its  intention  of  sup 
plying  Fort  Sumter.  No  more  striking  proof  of  the  absence  of 
good  faith  in  the  conduct  of  the  Government  of  the  United  States 
toward  this  Confederacy  can  be  required  than  is  contained  in  the 
circumstances  which  accompanied  this  notice.  According  to  the 
usual  course  of  navigation  the  vessels  composing  the  expedition 
designed  for  the  relief  of  Fort  Sumter  might  be  expected  to  reach 
Charleston  Harbor  on  the  9th  of  April.  Yet,  with  our  commis 
sioners  actually  in  Washington,  detained  under  assurances  that 
notice  should  be  given  of  any  military  movement,  the  notice  was 
not  addressed  to  them,  but  a  messenger  was  sent  to  Charleston 
to  give  the  notice  to  the  Governor  of  South  Carolina,  and  the 
notice  was  so  given  at  a  late  hour  on  the  8th  of  April,  the  eve  of 
the  very  day  on  which  the  fleet  might  be  expected  to  arrive. 

That  this  maneuver  failed  in  its  purpose  was  not  the  fault  of 
those  who  contrived  it.  A  heavy  tempest  delayed  the  arrival  of 
the  expedition  and  gave  time  to  the  commander  of  our  forces  at 
Charleston  to  ask  and  receive  the  instructions  of  this  Govern 
ment.  Even  then,  under  all  the  provocation  incident  to  the  con 
temptuous  refusal  to  listen  to  our  commissioners,  and  the  tortuous 
course  of  the  Government  of  the  United  States,  I  was  sincerely 
anxious  to  avoid  the  effusion  of  blood,  and  directed  a  proposal 


Provisional  Congress.  73 

to  be  made  to  the  commander  of  Fort  Sumter,  who  had  avowed 
himself  to  be  nearly  out  of  provisions,  that  we  would  abstain  from 
directing  our  fire  on  Fort  Sumter  if  he  would  promise  not  to  open 
fire  on  our  forces  unless  first  attacked.  This  proposal  was  re 
fused  and  the  conclusion  was  reached  that  the  design  of  the 
United  States  was  to  place  the  besieging  force  at  Charleston  be 
tween  the  simultaneous  fire  of  the  fleet  and  the  fort.  There  re 
mained,  therefore,  no  alternative  but  to  direct  that  the  fort  should 
at  once  be  reduced.  This  order  was  executed  by  General  Beaure- 
gard  with  the  skill  and  success  which  were  naturally  to  be  ex 
pected  from  the  well-known  character  of  that  gallant  officer ;  and 
although  the  bombardment  lasted  but  thirty-three  hours  our  flag 
did  not  wave  over  its  battered  walls  until  after  the  appearance 
of  the  hostile  fleet  off  Charleston.  Fortunately,  not  a  life  was 
lost  on  our  side,  and  we  were  gratified  in  being  spared  the  neces 
sity  of  a  useless  effusion  of  blood,  by  the  prudent  caution  of  the 
officers  who  commanded  the  fleet  in  abstaining  from  the  evidently 
futile  effort  to  enter  the  harbor  for  the  relief  of  Major  Anderson. 
I  refer  to  the  report  of  the  Secretary  of  War,  and  the  papers 
which  accompany  it,  for  further  details  of  this  brilliant  affair.  In 
this  connection  I  cannot  refrain  from  a  well-deserved  tribute  to 
the  noble  State,  the  eminent  soldierly  qualities  of  whose  people 
were  so  conspicuously  displayed  in  the  port  of  Charleston.  For 
months  they  had  been  irritated  by  the  spectacle  of  a  fortress  held 
within  their  principal  harbor  as  a  standing  menace  against  their 
peace  and  independence.  Built  in  part  with  their  own  money,  its 
custody  confided  with  their  own  consent  to  an  agent  who  held 
no  power  over  them  other  than  such  as  they  had  themselves  dele 
gated  for  their  own  benefit,  intended  to  be  used  by  that  agent  for 
their  own  protection  against  foreign  attack,  they  saw  it  held 
with  persistent  tenacity  as  a  means  of  offense  against  them  by 
the  very  Government  which  they  had  established  for  their  pro 
tection.  They  had  beleaguered  it  for  months,  felt  entire  confi 
dence  in  their  power  to  capture  it,  yet  yielded  to  the  requirements 
of  discipline,  curbed  their  impatience,  submitted  without  com 
plaint  to  the  unaccustomed  hardships,  labors,  and  privations  of 
a  protracted  siege ;  and  when  at  length  their  patience  was  reward 
ed  by  the  signal  for  attack,  and  success  had  crowned  their  steady 
and  gallant  conduct,  even  in  the  very  moment  of  triumph  they 


74  Messages  and  Papers  of  the  Confederacy. 

evinced  a  chivalrous  regard  for  the  feelings  of  the  brave  but  un 
fortunate  officer  who  had  been  compelled  to  lower  his  flag.  All 
manifestations  of  exultation  were  checked  in  his  presence.  Their 
commanding  general,  with  their  cordial  approval  and  the  con 
sent  of  his  Government,  refrained  from  imposing  any  terms  that 
could  wound  the  sensibilities  of  the  commander  of  the  fort.  He 
was  permitted  to  retire  with  the  honors  of  war,  to  salute  his  flag, 
to  depart  freely  with  all  his  command,  and  was  escorted  to  the 
vessel  in  which  he  embarked  with  the  highest  marks  of  respect 
from  those  against  whom  his  guns  had  been  so  recently  directed. 

Not  only  does  every  event  connected  with  the  siege  reflect  the 
highest  honor  on  South  Carolina,  but  the  forbearance  of  her  peo 
ple  and  of  this  Government  from  making  any  harsh  use  of  a  vic 
tory  obtained  under  circumstances  of  such  peculiar  provocation 
attest  to  the  fullest  extent  the  absence  of  any  purpose  beyond  se 
curing  their  own  tranquillity  and  the  sincere  desire  to  avoid  the 
calamities  of  war.  Scarcely  had  the  President  of  the  United 
States  received  intelligence  of  the  failure  of  the  scheme  which  he 
had  devised  for  the  reenforcement  of  Fort  Sumter,  when  he  is 
sued  the  declaration  of  war  against  this  Confederacy  which  has 
prompted  me  to  convoke  you.  In  this  extraordinary  production 
that  high  functionary  affects  total  ignorance  of  the  existence  of 
an  independent  Government,  which,  possessing  the  entire  and 
enthusiastic  devotion  of  its  people,  is  exercising  its  functions 
without  question  over  seven  sovereign  States,  over  more  than 
5,000,000  of  people,  and  over  a  territory  whose  area  exceeds  half 
a  million  of  square  miles.  He  terms  sovereign  States  "combina 
tions  too  powerful  to  be  suppressed  by  the  ordinary  course  of  ju 
dicial  proceedings  or  by  the  powers  vested  in  the  marshals  by 
law."  He  calls  for  an  army  of  75,000  men  to  act  as  a  posse  comi- 
tatus  in  aid  of  the  process  of  the  courts  of  justice  in  States  where 
no  courts  exist  whose  mandates  and  decrees  are  not  cheerfully 
obeyed  and  respected  by  a  willing  people.  He  avows  that  "the 
first  service  to  be  assigned  to  the  forces  called  out"  will  be  not  to 
execute  the  process  of  courts,  but  to  capture  forts  and  strongholds 
situated  within  the  admitted  limits  of  this  Confederacy  and  gar 
risoned  by  its  troops;  and  declares  that  "this  effort"  is  intended 
"to  maintain  the  perpetuity  of  popular  government."  He  con 
cludes  by  commanding  "the  persons  composing  the  combinations 


Provisional  Congress.  75 

aforesaid" — to  wit,  the  5,000,000  of  inhabitants  of  these  States — 
"to  retire  peaceably  to  their  respective  abodes  within  twenty 
days."  Apparently  contradictory  as  are  the  terms  of  this  singular 
document,  one  point  is  unmistakably  evident.  The  President  of 
the  United  States  called  for  an  army  of  75,000  men,  whose  first 
service  was  to  be  to  capture  our  forts.  It  was  a  plain  declaration 
of  war  which  I  was  not  at  liberty  to  disregard  because  of  my 
knowledge  that  under  the  Constitution  of  the  United  States  the 
President  was  usurping  a  power  granted  exclusively  to  the  Con 
gress.  He  is  the  sole  organ  of  communication  between  that  coun 
try  and  foreign  powers.  The  law  of  nations  did  not  permit  me  to 
question  the  authority  of  the  Executive  of  a  foreign  nation  to  de 
clare  war  against  this  Confederacy.  Although  I  might  have  re 
frained  from  taking  active  measures  for  our  defense,  if  the  States 
of  the  Union  had  all  imitated  the  action  of  Virginia,  North  Caro- 
,  lina,  Arkansas,  Kentucky,  Tennessee,  and  Missouri,  by  denoun 
cing  the  call  for  troops  as  an  unconstitutional  usurpation  of  power 
to  which  they  refused  to  respond,  I  was  not  at  liberty  to  disregard 
the  fact  that  many  of  the  States  seemed  quite  content  to  submit 
to  the  exercise  of  the  power  assumed  by  the  President  of  the 
United  States,  and  were  actively  engaged  in  levying  troops  to  be 
used  for  the  purpose  indicated  in  the  proclamation.  Deprived  of 
the  aid  of  Congress  at  the  moment,  I  was  under  the  necessity  of 
confining  my  action  to  a  call  on  the  States  for  volunteers  for  the 
common  defense,  in  accordance  with  the  authority  you  had  con 
fided  to  me  before  your  adjournment.  I  deemed  it  proper,  further, 
to  issue  proclamation*  inviting  application  from  persons  disposed 
to  aid  our  defense  in  private  armed  vessels  on  the  high  seas,  to 
the  end  that  preparations  might  be  made  for  the  immediate  issue 
of  letters  of  marque  and  reprisal  which  you  alone,  under  the  Con 
stitution,  have  power  to  grant.  I  entertain  no  doubt  you  will  con 
cur  with  me  in  the  opinion  that  in  the  absence  of  a  fleet  of  public 
vessels  it  will  be  eminently  expedient  to  supply  their  place  by  pri 
vate  armed  vessels,  so  happily  styled  by  the  publicists  of  the  United 
States  ''the  militia  of  the  sea,"  and  so  often  and  justly  relied  on 
by  them  as  an  efficient  and  admirable  instrument  of  defensive 
warfare.  I  earnestly  recommend  the  immediate  passage  of  a  law 
authorizing  me  to  accept  the  numerous  proposals  already  received. 

*  See  page  60. 


Messages  and  Papers  of  the  Confederacy. 

I  cannot  close  this  review  of  the  acts  of  the  Government  of  the 
United  States  without  referring  to  a  proclamation  issued  by  their 
President,  under  date  of  the  iQth  instant,  in  which,  after  declaring 
that  an  insurrection  has  broken  out  in  this  Confederacy  against 
the  Government  of  the  United  States,  he  announces  a  blockade 
of  all  the  ports  of  these  States,  and  threatens  to  punish  as  pirates 
all  persons  who  shall  molest  any  vessel  of  the  United  States  under 
letters  of  marque  issued  by  this  Government.  Notwithstanding 
the  authenticity  of  this  proclamation  you  will  concur  with  me  that 
it  is  hard  to  believe  it  could  have  emanated  from  a  President  of 
the  United  States.  Its  announcement  of  a  mere  paper 
is  so  manifestly  a  violation  of  the  law  of  nations  that  i 
seem  incredible  that  it  could  have  been  issued  by  authority;  but 
conceding  this  to  be  the  case  so  far  as  the  Executive  is  concerned, 
it  will  be  difficult  to  satisfy  the  people  of  these  States  that  their 
late  confederates  will  sanction  its  declarations — will  determine  tc 
ignore  the  usages  of  civilized  nations,  and  will  inaugurate  a  war 
of  extermination  on  both  sides  by  treating  as  pirates  open  enemies 
acting  under  the  authority  of  commissions  issued  by  an  organized 
government.  If  such  proclamation  was  issued,  it  could  only  have 
been  published  under  the  sudden  influence  of  passion,  and  we  ma}/ 
rest  assured  mankind  will  be  spared  the  horrors  of  the  conflict  i1 
seems  to  invite. 

For  the  details  of  the  administration  of  the  different  Depart 
ments  I  refer  to  the  reports  of  the  Secretaries,  which  accompany 
this  message. 

The  State  Department  has  furnished  the  necessary  instructions 
for  three  commissioners  who  have  been  sent  to  England,  France 
Russia,  and  Belgium  since  your  adjournment  to  ask  our  recog 
nition  as  a  member  of  the  family  of  nations,  and  to  make  with 
each  of  those  powers  treaties  of  amity  and  commerce.  Further 
steps  will  be  taken  to  enter  into  like  negotiations  with  the  other 
European  powers,  in  pursuance  of  your  resolutions  passed  at  the 
last  session.  Sufficient  time  has  not  yet  elapsed  since  the  departure 
of  these  commissioners  for  the  receipt  of  any  intelligence  froir 
them.  As  I  deem  it  desirable  that  commissioners  or  other  diplo 
matic  agents  should  also  be  sent  at  an  early  period  to  the  inde 
pendent  American  powers  south  of  our  Confederacy,  with  all  ol 
whom  it  is  our  interest  and  earnest  wish  to  maintain  the  mos' 


Provisional  Congress.  77 

cordial  and  friendly  relations,  I  suggest  the  expediency  of  making 
the  necessary  appropriations  for  that  purpose.  Having  been  of 
ficially  notified  by  the  public  authorities  of  the  State  of  Virginia 
that  she  had  withdrawn  from  the  Union  and  desired  to  maintain 
the  closest  political  relations  with  us  which  it  was  possible  at  this 
time  to  establish,  I  commissioned  the  Hon.  Alexander  H.  Stephens, 
Vice  President  of  the  Confederate  States,  to  represent  this  Gov 
ernment  at  Richmond.*  I  am  happy  to  inform  you  that  he  has 
concluded  a  convention  with  the  State  of  Virginia  by  which  that 
honored  Commonwealth,  so  long  and  justly  distinguished  among 
States,  and  so  dear  to  the  hearts  of  thousands  of  her 
n  in  the  Confederate  States,  has  united  her  power  and  her 
fortunes  with  ours  and  become  one  of  us.  This  convention,  to 
gether  with  the  ordinance  of  Virginia  adopting  the  Provisional 
Constitution  of  the  Confederacy,  will  be  laid  before  you  for  your 
constitutional  action.  I  have  satisfactory  assurances  from  other 
of  our  late  confederates  that  they  are  on  the  point  of  adopting 
similar  measures,  and  I  cannot  doubt  that  ere  you  shall  have  been 
many  weeks  in  session  the  whole  of  the  slaveholding  States  of 
the  late  Union  will  respond  to  the  call  of  honor  and  affection,  and 
by  uniting  their  fortunes  with  ours  promote  our  common  interests 
and  secure  our  common  safety. 

In  the  Treasury  Department  regulations  have  been  devised  and 
put  into  execution  for  carrying  out  the  policy  indicated  in  your 
legislation  on  the  subject  of  the  navigation  of  the  Mississippi 
River,  as  well  as  for  the  collection  of  revenue  on  the  frontier. 
Free  transit  has  been  secured  for  vessels  and  merchandise  passing 
through  the  Confederate  States ;  and  delay  and  inconvenience  have 
been  avoided  as  far  as  possible,  in  organizing  the  revenue  service 
for  the  various  railways  entering  our  territory.  As  fast  as  experi 
ence  shall  indicate  the  possibility  of  improvement  in  these  regula 
tions  no  effort  will  be  spared  to  free  commerce  from  all  unneces 
sary  embarrassments  and  obstructions.  Under  your  act  authoriz 
ing  a  loan,  proposals  were  issued  inviting  subscriptions  for  $5,- 
000,000,  and  the  call  was  answered  by  the  prompt  subscription  of 
more  than  $8,000,000  by  our  own  citizens,  and  not  a  single  bid  was 
made  under  par.  The  rapid  development  of  the  purpose  of  the 
President  of  the  United  States  to  invade  our  soil,  capture  our 

*See  page  62. 


78  Messages  and  Papers  of  the  Confederacy. 

forts,  blockade  our  ports,  and  wage  war  against  us  induced  me 
to  direct  that  the  entire  subscription  should  be  accepted.  It  will 
now  become  necessary  to  raise  means  to  a  much  larger  amount  to 
defray  the  expenses  of  maintaining  our  independence  and  repelling 
invasion.  I  invite  your  special  attention  to  this  subject,  and  the 
financial  condition  of  the  Government,  with  the  suggestion  of 
ways  and  means  for  the  supply  of  the  Treasury,  will  be  presented 
to  you  in  a  separate  communication. 

To  the  Department  of  Justice  you  have  confided  not  only  the 
organization  and  supervision  of  all  matters  connected  with  the 
courts  of  justice,  but  also  those  connected  with  patents  and  with 
the  bureau  of  public  printing.  Since  your  adjournment  all  the 
courts,  with  the  exception  of  those  of  Mississippi  and  Texas,  have 
been  organized  by  the  appointment  of  marshals  and  district  at 
torneys  and  are  now  prepared  for  the  exercise  of  their  functions. 
In  the  two  States  just  named  the  gentlemen  confirmed  as  judges 
declined  to  accept  the  appointment,  and  no  nominations  have  yet 
been  made  to  fill  the  vacancies.  I  refer  you  to  the  report  of  the 
Attorney-General  and  concur  in  his  recommendation  for  imme 
diate  legislation,  especially  on  the  subject  of  patent  rights.  Early 
provision  should  be  made  to  secure  to  the  subjects  of  foreign  na 
tions  the  full  enjoyment  of  their  property  in  valuable  inventions, 
and  to  extend  to  our  own  citizens  protection,  not  only  for  their 
own  inventions,  but  for  such  as  may  have  been  assigned  to  them 
or  may  hereafter  be  assigned  by  persons  not  alien  enemies.  The 
Patent  Office  business  is  much  more  extensive  and  important  than 
had  been  anticipated.  The  applications  for  patents,  although  con 
fined  under  the  law  exclusively  to  citizens  of  our  Confederacy,  al 
ready  average  seventy  per  month,  showing  the  necessity  for  the 
prompt  organization  of  a  bureau  of  patents. 

The  Secretary  of  War  in  his  report  and  accompanying  docu 
ments  conveys  full  information  concerning  the  forces — regular^ 
volunteer,  and  provisional — raised  and  called  for  under  the  sev 
eral  acts  of  Congress — their  organization  and  distribution;  also 
an  account  of  the  expenditures  already  made,  and  the  further  es 
timates  for  the  fiscal  year  ending  the  i8th  of  February,  1862,  ren 
dered  necessary  by  recent  events.  I  refer  to  his  report  also  for  a 
full  history  of  the  occurrences  in  Charleston  Harbor  prior  to  and 
including  the  bombardment  and  reduction  of  Fort  Sumter,  and 


Provisional  Congress.  79- 

of  the  measures  subsequently  taken  for  the  common  defense  on 
receiving  the  intelligence  of  the  declaration  of  war  against  us, 
made  by  the  President  of  the  United  States.  There  are  now  in 
the  field  at  Charleston,  Pensacola,  Forts  Morgan,  Jackson,  Saint 
Philip,  and  Pulaski  19,000  men,  and  16,000  are  now  en  route  for 
Virginia.  It  is  proposed  to  organize  and  hold  in  readiness  fqr  in 
stant  action,  in  view  of  the  present  exigencies  of  the  country,  an 
army  of  100,000  men.  If  further  force  should  be  needed,  the  wis 
dom  and  patriotism  of  Congress  will  be  confidently  appealed  to 
for  authority  to  call  into  the  field  additional  numbers  of  our  noble- 
spirited  volunteers  who  are  constantly  tendering  service  far  in  ex 
cess  of  our  wants. 

The  operations  of  the  Navy  Department  have  been  necessarily 
restricted  by  the  fact  that  sufficient  time  has  not  yet  elapsed  for  the 
purchase  or  construction  of  more  than  a  limited  number  of  vessels 
adapted  to  the  public  service.  Two  vessels  purchased  have  been 
named  the  Sumter  and  McRae,  and  are  now  being  prepared  for  sea 
at  New  Orleans  with  all  possible  dispatch.  Contracts  have  also 
been  made  at  that  city  with  two  different  establishments  for  the 
casting  of  ordnance — cannon  shot  and  shell — with  the  view  to  en 
courage  the  manufacture  of  these  articles,  so  indispensable  for  our 
defense,  at  as  many  points  within  our  territory  as  possible.  I  call 
your  attention  to  the  recommendation  of  the  Secretary  for  the  es 
tablishment  of  a  magazine  and  laboratory  for  preparation  of  ord 
nance  stores  and  the  necessary  appropriation  for  that  purpose. 
Hitherto  such  stores  have  usually  been  prepared  at  the  navy 
yards,  and  no  appropriation  was  made  at  your  last  session  for  this 
object.  The  Secretary  also  calls  attention  to  the  fact  that  no  pro 
vision  has  been  made  for  the  payment  of  invalid  pensions  to  our 
own  citizens.  Many  of  these  persons  are  advanced  in  life;  they 
have  no  means  of  support,  and  by  the  secession  of  these  States 
have  been  deprived  of  their  claim  against  the  Government  of  the 
United  States.  I  recommend  the  appropriation  of  the  sum  neces 
sary  to  pay  these  pensioners,  as  well  as  those  of  the  Army,  whose 
claims  can  scarcely  exceed  $70,000  per  annum. 

The  Postmaster  General  has  already  succeeded  in  organizing  his 
Department  to  such  an  extent  as  to  be  in  readiness  to  assume  the 
direction  of  our  postal  affairs  on  the  occurrence  of  the  contingency 


80  Messages  and  Papers  of  the  Confederacy^ 

contemplated  by  the  act  of  March  15,  1861,  or  even  sooner  if  de 
sired  by  Congress.  The  various  books  and  circulars  have  been 
prepared  and  measures  taken  to  secure  supplies  of  blanks,  postage 
stamps,  stamped  envelopes,  mail  bags,  locks,  keys,  etc.  He  pre 
sents  a  detailed  classification  and  arrangement  of  his  clerical  force, 
and  asks  for  its  increase.  An  auditor  of  the  Treasury  for  this  De 
partment  is  necessary,  and  a  plan  is  submitted  for  the  organiza 
tion  of  his  bureau.  The  great  number  and  magnitude  of  the  ac 
counts  of  this  Department  require  an  increase  of  the  clerical  force 
in  the  accounting  branch  in  the  Treasury.  The  revenues  of  this 
Department  are  collected  and  disbursed  in  modes  peculiar  to  itself, 
and  require  a  special  bureau  to  secure  a  proper  accountability  in 
the  administration  of  its  finances.  I  call  your  attention  to  the  ad 
ditional  legislation  required  for  this  Department;  to  the  recom 
mendation  for  changes  in  the  law  fixing  the  rates  of  postage  on 
newspapers,  periodicals,  and  sealed  packages  of  certain  kinds,  and 
specially  to  the  recommendation  of  the  Secretary,  in  which  I  con 
cur,  that  you  provide  at  once  for  the  assumption  by  him  of  the 
control  of  our  entire  postal  service. 

In  the  military  organization  of  the  States  provision  is  made  for 
brigadier  and  major  generals,  but  in  the  Army  of  the  Confederate 
States  the  highest  grade  is  that  of  brigadier  general.  Hence  it  will 
no  doubt  sometimes  occur  that  where  troops  of  the  Confederacy 
do  duty  with  the  militia,  the  general  selected  for  the  command  and 
possessed  of  the  views  and  purposes  of  this  Government  will  be 
superseded  by  an  officer  of  the  militia  not  having  the  same  advan 
tages.  To  avoid  this  contingency  in  the  least  objectionable  man 
ner  I  recommend  that  additional  rank  be  given  to  the  general  of 
the  Confederate  Army,  and  concurring  in  the  policy  of  having  but 
one  grade  of  generals  in  the  Army  of  the  Confederacy,  I  recom 
mend  that  the  law  of  its  organization  be  amended  so  that  the  grade 
be  that  of  general.  To  secure  a  thorough  military  education  it  is 
deemed  essential  that  officers  should  enter  upon  the  study  of  their 
profession  at  an  early  period  of  life  and  have  elementary  instruc 
tion  in  a  military  school.  Until  such  school  shall  be  established 
it  is  recommended  that  cadets  be  appointed  and  attached  to  com 
panies  until  they  shall  have  attained  the  age  and  have  acquired 
the  knowledge  to  fit  them  for  the  duties  of  lieutenants.  I  also  call 


Provisional  Congress.  81 

your  attention  to  an  omission  in  the  law  organizing  the  Army,  in 
relation  to  military  chaplains,  and  recommend  that  provision  be 
made  for  their  appointment. 

In  conclusion,  I  congratulate  you  on  the  fact  that  in  every  por 
tion  of  our  country  there  has  been  exhibited  the  most  patriotic  de 
votion  to  our  common  cause.  Transportation  companies  have 
freely  tendered  the  use  of  their  lines  for  troops  and  supplies.  The 
presidents  of  the  railroads  of  the  Confederacy,  in  company  with 
others  who  control  lines  of  communication  with  States  that  we 
hope  soon  to  greet  as  sisters,  assembled  in  convention  in  this  city, 
and  not  only  reduced  largely  the  rates  heretofore  demanded  for 
mail  service  and  conveyance  of  troops  and  munitions,  but  volun 
tarily  proffered  to  receive  their  compensation,  at  these  reduced 
rates,  in  the  bonds  of  the  Confederacy,  for  the  purpose  of  leaving 
all  the  resources  of  the  Government  at  its  disposal  for  the  common 
defense.  Requisitions  for  troops  have  been  met  with  such  alacrity 
that  the  numbers  tendering  their  services  have  in  every  instance 
greatly  exceeded  the  demand.  Men  of  the  highest  official  and 
social  position  are  serving  as  volunteers  in  the  ranks.  The  gravity 
of  age  and  the  zeal  of  youth  rival  each  other  in  the  desire  to  be 
foremost  for  the  public  defense ;  and  though  at  no  other  point 
than  the  one  heretofore  noticed  have  they  been  stimulated  by  the 
excitement  incident  to  actual  engagement  and  the  hope  of  distinc 
tion  for  individual  achievement,  they  have  borne  what  for  new 
troops  is  the  most  severe  ordeal — patient  toil  and  constant  vigil,  and 
all  the  exposure  and  discomfort  of  active  service,  with  a  resolution 
and  fortitude  such  as  to  command  approbation  and  justify  the 
highest  expectation  of  their  conduct  when  active  valor  shall  be 
required  in  place  of  steady  endurance.  A  people  thus  united  and 
resolved  cannot  shrink  from  any  sacrifice  which  they  may  be 
called  on  to  make,  nor  can  there  be  a  reasonable  doubt  of  their 
final  success,  however  long  and  severe  may  be  the  test  of  their  de 
termination  to  maintain  their  birthright  of  freedom  and  equality 
as  a  trust  which  it  is  their  first  duty  to  transmit  undiminished  to 
their  posterity.  A  bounteous  Providence  cheers  us  with  the  prom 
ise  of  abundant  crops.  The  fields  of  grain  which  will  within  a  few 
weeks  be  ready  for  the  sickle  give  assurance  of  the  amplest  supply 
of  food  for  man ;  whilst  the  corn,  cotton,  and  other  staple  produc- 
6 


82  Messages  and  Papers  of  the  Confederacy. 

tions  of  our  soil  afford  abundant  proof  that  up  to  this  period  the 
season  has  been  propitious.  We  feel  that  our  cause  is  just  and 
holy;  we  protest  solemnly  in  the  face  of  mankind  that  we  desire 
peace  at  any  sacrifice  save  that  of  honor  and  independence;  we 
seek  no  conquest,  no  aggrandizement,  no  concession  of  any  kind 
from  the  States  with  which  we  were  lately  confederated ;  all  we 
ask  is  to  be  let  alone ;  that  those  who  never  held  power  over  us 
shall  not  now  attempt  our  subjugation  by  arms.  This  we  will,  this 
we  must,  resist  to  the  direst  extremity.  The  moment  that  this  pre 
tension  is  abandoned  the  sword  will  drop  from  our  grasp,  and  we 
shall  be  ready  to  enter  ir.to  treaties  of  amity  and  commerce  that 
cannot  but  be  mutually  beneficial.  So  long  as  this  pretension  is 
maintained,  with  a  firm  reliance  on  that  Divine  Power  which  cov 
ers  with  its  protection  the  just  cause,  we  will  continue  to  struggle 
for  our  inherent  right  to  freedom,  independence,  and  self-govern 
ment.  JEFFERSON  DAVIS. 

To  the  Congress  of  the  Confederate  States. 

I  lay  before  the  Congress,  for  their  consideration  and  advice  as 
to  its  ratification,  a  copy  of  the  convention  between  the  Confed 
erate  States  and  the  Commonwealth  of  Virginia,  which  was  signed 
at  the  city  of  Richmond  on  the  twenty- fourth  day  of  April,  1861, 
by  the  Hon.  Alexander  H.  Stephens  on  the  part  of  the  Confed 
erate  States,  and  by  commissioners  appointed  for  that  purpose  on 
the  part  of  the  State  of  Virginia. 

While  performing  this  act,  I  congratulate  the  Congress  and  the 
people  of  the  Confederate  States  upon  the  conclusion  of  this  al 
liance  by  which  the  great  and  powerful  State  of  Virginia  has  made 
common  cause  with  us  and  joined  her  energies  and  resources  to 
ours  for  our  common  defense  against  the  unprovoked  war  of  ag 
gression  which  the  Chief  Magistrate  of  the  United  States  has  de 
clared  against  us.  JEFFERSON  DAVIS. 

Montgomery,  May  6,  1861. 

MONTGOMERY,  Wednesday,  May  8,  1861. 

Gentlemen  of  the  Congress:  In  the  message  addressed  to  you 
on  the  29th  ultimo,*  I  referred  to  the  course  of  conduct  of  the  Gov- 

*See  page  63. 


Provisional  Congress.  83 

ernment  of  the  United  States  toward  the  commissioners  of  this 
Government  sent  to  Washington  for  the  purpose  of  effecting,  if 
possible,  a  peaceful  adjustment  of  the  pending  difficulties  between 
the  two  Governments.*    I  also  made  allusion  to  "an  intermediary, 
whose  high  position  and  character  inspired  the  hope  of  success ;" 
but  I  was  not  then  at  liberty  to  make  any  communication  on  the 
subject  as  specific  as  was  desirable  for  a  full  comprehension  of  the 
whole  subject.    It  is  now,  however,  in  my  power  to  place  before 
you  other  papers,  which  I  herewith  address  to  you  from  them. 
You  will  perceive  that  the  intermediary  referred  to  was  Hon.  John 
A.  Campbell,  a  judge  of  the  Supreme  Court  of  the  United  States, 
who  made  earnest  efforts  to  promote  the  successful  issue  of  the 
mission  intrusted  to  our  commissioners,  and  by  whom  I  was  kept 
advised,  in  confidential  communication,  of  the  measures  taken  by 
him  to  secure  so  desirable  a  result.    It  is  due  to  you,  to  him,  and  to 
history  that  a  narration  of  the  occurrences  with  which  he  was  con 
nected  should  be  made  known,  the  more  especially  as  it  will  be 
seen  by  the  letters  hereto  appended  that  the  correctness  and  ac 
curacy  of  the  recital  have  not  been  questioned  by  the  Secretary  of 
State  of  the  United  States,  to  whom  it  was  addressed.    I  avail  my 
self  of  this  opportunity  to  correct  an  error  in  one  of  the  statements 
made  in  my  message  of  the  29th  of  April.    It  is  there  recitedf  that 
I  was  prompted  to  call  you  together  in  extraordinary  session  by 
reason  of  the  declarations  contained  in  the  proclamation  of  Presi 
dent  Lincoln  of  the  I5th  of  April.     My  proclamation,  convoking 
you,  was  issued  on  the  I2th  of  April,t  and  was  prompted  by  the 
declaration  of  hostile  purposes  contained  in  the  message  sent  by 
the  President  to  the  Governor  of  South  Carolina  on  the  8th  of 
April.     As  the  proclamation  of  President  Lincoln  of  the  I5th  of 
April  repeated  the  same  hostile  intention  in  more  specific  terms 
and  on  a  much  more  extensive  scale,  it  created  a  stronger  impres 
sion  on  my  mind,  and  led  to  the  error  above  alluded  to,  and  which, 
however  unimportant,  I  desire  to  correct.  JEFF'N  DAVIS. 

*See  page  70.     tSee  page  63.     JSee  page  60. 


84  Messages  and  Papers  of  the  Confederacy. 

CORRESPONDENCE     BETWEEN     THE     CONFEDERATE     COMMISSIONERS, 
MR.    SECRETARY   SEWARD    AND    JUDGE    CAMPBELL. 

The  Commissioners  to  Mr.  Seward. 

WASHINGTON  CITY,  March  12,  1861. 

Hon.  William  H.  Seward,  Secretary  of  State  of  the  United  States. 

Sir:  The  undersigned  have  been  duly  accredited  by  the  Govern 
ment  of  the  Confederate  States  of  America  as  commissioners  to 
the  Government  of  the  United  States,  and,  in  pursuance  of  their 
instructions,  have  now  the  honor  to  acquaint  you  with  that  fact, 
and  to  make  known,  through  you  to  the  President  of  the  United 
States,  the  objects  of  their  presence  in  this  capital. 

Seven  States  of  the  late  Federal  Union,  having  in  the  exercise 
of  the  inherent  right  of  every  free  people  to  change  or  reform 
their  political  institutions,  and  through  conventions  of  their  peo 
ple,  withdrawn  from  the  United  States  and  reassumed  the  at 
tributes  of  sovereign  power  delegated  to  it,  have  formed  a  gov 
ernment  of  their  own.  The  Confederate  States  constitute  an  in 
dependent  nation,  de  facto  and  de  jure,  and  possess  a  government 
perfect  in  all  its  parts,  and  endowed  with  all  the  means  of  self- 
support. 

With  a  view  to  a  speedy  adjustment  of  all  questions  growing 
out  of  this  political  separation,  upon  such  terms  of  amity  and  good 
will  as  the  respective  interests,  geographical  contiguity,  and  future 
welfare  of  the  two  nations  may  render  necessary,  the  undersigned 
are  instructed  to  make  to  the  Government  of  the  United  States 
overtures  for  the  opening  of  negotiations,  assuring  the  Govern 
ment  of  the  United  States  that  the  President,  Congress,  and  peo 
ple  of  the  Confederate  States  earnestly  desire  a  peaceful  solution 
of  these  great  questions ;  that  it  is  neither  their  interest  nor  their 
wish  to  make  any  demand  which  is  not  founded  in  strictest  justice, 
nor  do  any  act  to  injure  their  late  confederates. 

The  undersigned  have  now  the  honor,  in  obedience  to  the  in 
structions  of  their  Government,  to  request  you  to  appoint  as  early 
a  day  as  possible,  in  order  that  they  may  present  to  the  President 
of  the  United  States  the  credentials  which  they  bear  and  the  ob 
jects  of  the  mission  with  which  they  are  charged. 

We  are,  very  respectfully,  your  obedient  servants, 
[Signed]  JOHN  FORSYTH, 

[Signed]  MARTIN  J.  CRAWFORD. 


Provisional  Congress.  85 

Memorandum. 

DEPARTMENT  OF  STATE,  WASHINGTON,  March  15,  1861. 

Air.  John  Forsyth,  of  the  State  of  Alabama,  and  Mr.  Martin 
J.  Crawford,  of  the  State  of  Georgia,  on  the  nth  inst.,  through 
the  kind  offices  of  a  distinguished  Senator,  submitted  to  the  Sec 
retary  of  State  their  desire  for  an  unofficial  interview.  This  re 
quest  was,  on  the  I2th  inst.,  upon  exclusively  public  considera 
tions,  respectfully  declined. 

On  the  1 3th  inst.,  while  the  Secretary  was  preoccupied,  Air. 
A.  D.  Banks,  of  Virginia,  called  at  this  Department,  and  was  re 
ceived  by  the  Assistant  Secretary,  to  whom  he  delivered  a  sealed 
communication,  which  he  had  been  charged  by  Messrs.  Forsyth 
and  Crawford  to  present  to  the  Secretary  in  person. 

In  that  communication  Messrs.  Forsyth  and  Crawford  inform 
the  Secretary  of  State  that  they  have  been  duly  accredited  by  the 
Government  of  the  Confederate  States  of  America  as  commis 
sioners  to  the  Government  of  the  United  States,  and  they  set  forth 
the  objects  of  their  attendance  at  Washington.  They  observe  that 
seven  States  of  the  American  Union,  in  the  exercise  of  a  right  in 
herent  in  every  free  people,  have  withdrawn,  through  conventions 
of  their  people,  from  the  United  States,  reassumed  the  attributes 
of  sovereign  power,  and  formed  a  government  of  their  own,  and 
that  those  Confederate  States  now  constitute  an  independent  na 
tion,  de  facto  and  dc  jure,  and  possess  a  government  perfect  in  all 
its  parts,  and  fully  endowed  with  all  the  means  of  self-support. 

Messrs.  Forsyth  and  Crawford,  in  their  aforesaid  communica 
tion,  thereupon  proceeded  to  inform  the  Secretary  that,  with  a 
view  to  a  speedy  adjustment  of  all  questions  growing  out  of  the 
political  separation  thus  assumed,  upon  such  terms  of  amity  and 
good  will  as  the  respective  interests,  geographical  contiguity,  and 
the  future  welfare  of  the  supposed  two  nations  might  render  nec 
essary,  they  are  instructed  to  make  to  the  Government  of  the 
United  States  overtures  for  the  opening  of  negotiations,  assuring 
this  Government  that  the  President,  Congress,  and  the  people  of 
the  Confederate  States  earnestly  desire  a  peaceful  solution  of 
these  great  questions,  and  that  it  is  neither  their  interest  nor  their 
wish  to  make  any  demand  which  is  not  founded  in  the  strictest 
justice,  nor  do  any  act  to  injure  their  late  confederates. 


86  Messages  and  Papers  of  the  Confederacy. 

After  making  these  statements,  Messrs.  Forsyth  and  Crawford 
close  their  communication,  as  they  say,  in  obedience  to  the  in 
structions  of  their  Government,  by  requesting  the  Secretary  of 
State  to  appoint  as  early  a  day  as  possible,  in  order  that  they  may 
present  to  the  President  of  the  United  States  the  credentials  which 
they  bear  and  the  objects  of  the  mission  with  which  they  are 
charged. 

The  Secretary  of  State  frankly  confesses  that  he  understands 
the  events  which  have  recently  occurred,  and  the  condition  of 
political  affairs  which  actually  exists  in  the  part  of  the  Union  to 
which  his  attention  has  thus  been  directed,  very  differently  from 
the  aspect  in  which  they  are  presented  by  Messrs.  Forsyth  and 
Crawford.  He  sees  in  them,  not  a  rightful  and  accomplished 
revolution  and  an  independent  nation,  with  an  established  Gov 
ernment,  but  rather  a  perversion  of  a  temporary  and  partisan  ex 
citement  to  the  inconsiderate  purposes  of  an  unjustifiable  and  un 
constitutional  aggression  upon  the  rights  and  the  authority  vested 
in  the  Federal  Government,  and  hitherto  benignly  exercised,  as 
from  their  very  nature  they  always  must  so  be  exercised,  for  the 
maintenance  of  the  Union,  the  preservation  of  liberty,  and  the  se 
curity,  peace,  welfare,  happiness,  and  aggrandizement  of  the 
American  people.  The  Secretary  of  State,  therefore,  avows  to 
Messrs.  Forsyth  and  Crawford  that  he  looks  patiently,  but  con 
fidently,  for  the  cure  of  evils  which  have  resulted  from  proceed 
ings  so  unnecessary,  so  unwise,  so  unusual,  and  so  unnatural,  not 
to  irregular  negotiations,  having  in  view  new  and  untried  rela 
tions  with  agencies  unknown  to  and  acting  in  derogation  of  the 
Constitution  and  laws,  but  to  regular  and  considerate  action  of 
the  people  of  those  States,  in  cooperation  with  their  brethren  in 
the  other  States,  through  the  Congress  of  the  United  States,  and 
such  extraordinary  conventions,  if  there  shall  be  need  thereof, 
as  the  Federal  Constitution  contemplates  and  authorizes  to  be 
assembled. 

It  is,  however,  the  purpose  of  the  Secretary  of  State,  on  this 
occasion,  not  to  invite  or  engage  in  any  discussion  of  these  sub 
jects,  but  simply  to  set  forth  his  reasons  for  declining  to  comply 
with  the  request  of  Messrs.  Forsyth  and  Crawford. 

On  the  4th  of  March  instant,  the  then  newly  elected  President 
of  the  United  States,  in  view  of  all  the  facts  bearing  on  the  present 


Provisional  Congress.  87 

question,  assumed  the  Executive  Administration  of  the  Govern 
ment,  first  delivering,  in  accordance  with  an  early,  honored  cus 
tom,  an  inaugural  address  to  the  people  of  the  United  States.  The 
Secretary  of  State  respectfully  submits  a  copy  of  this  address  to 
Messrs.  Forsyth  and  Crawford. 

A  simple  reference  to  it  will  be  sufficient  to  satisfy  these  gentle 
men  that  the  Secretary  of  State,  guided  by  the  principles  therein 
announced,  is  prevented  altogether  from  admitting  or  assuming 
that  the  States  referred  to  by  them  have,  in  law  or  in  fact,  with 
drawn  from  the  Federal  Union,  or  that  they  could  do  so  in  the 
manner  described  by  Messrs.  Forsyth  and  Crawford,  or  in  any 
other  manner  than  with  the  consent  and  concert  of  the  people  of 
the  United  States,  to  be  given  through  a  National  Convention,  to 
be  assembled  in  conformity  with  the  provisions  of  the  Constitu 
tion  of  the  United  States.  Of  course,  the  Secretary  of  State  can 
not  act  upon  the  assumption,  or  in  any  way  admit  that  the  so- 
called  Confederate  States  constitute  a  foreign  power,  with  whom 
diplomatic  relations  ought  to  be  established. 

Under  these  circumstances,  the  Secretary  of  State,  whose  official 
duties  are  confined,  subject  to  the  direction  of  the  President,  to  the 
conducting  of  the  foreign  relations  of  the  country,  and  do  not  at 
all  embrace  domestic  questions,  or  questions  arising  between  the 
several  States  and  the  Federal  Government,  is  unable  to  comply 
with  the  request  of  Messrs.  Forsyth  and  Crawford,  to  appoint  a 
day  on  which  they  may  present  the  evidences  of  their  authority 
and  the  objects  of  their  visit  to  the  President  of  the  United  States. 
On  the  contrary,  he  is  obliged  to  state  to  Messrs.  Forsyth  and 
Crawford  that  he  has  no  authority,  nor  is  he  at  liberty,  to  recog 
nize  them  as  diplomatic  agents,  or  hold  correspondence  or  other 
communication  with  them. 

Finally,  the  Secretary  of  State  would  observe  that,  although 
he  has  supposed  that  he  might  safely  and  with  propriety  have 
adopted  these  conclusions,  without  making  any  reference  of  the 
subject  to  the  Executive,  yet,  so  strong  has  been  his  desire  to 
practice  entire  directness,  and  to  act  in  a  spirit  of  perfect  respect 
and  candor  toward  Messrs.  Forsyth  and  Crawford,  and  that  por 
tion  of  the  people  of  the  Union  in  whose  name  they  present  them 
selves  before  him,  that  he  has  cheerfully  submitted  this  paper  to 
the  President,  who  coincides  generally  in  the  views  it  expresses, 


88  Messages  and  Pampers  of  the  Confederacy. 

and  sanctions  the  Secretary's  decision  declining  official  intercourse 
with  Messrs.  Forsyth  and  Crawford. 

AprilS,  1 86 1. 

The  foregoing  memorandum  was  filed  in  this  Department  on  the 
1 5th  of  March  last.  A  delivery  of  the  same  to  Messrs.  Forsyth 
and  Crawford  was  delayed,  as  was  understood,  with  their  consent. 
They  have  now,  through  their  secretary,  communicated  their  de 
sire  for  a  definite  disposition  of  the  subject.  The  Secretary  of 
State  therefore  directs  that  a  duly  verified  copy  of  the  paper  be 
now  delivered. 

The  Commissioners  in  Reply  to  Mr.  Seward. 

WASHINGTON,  April  9,  1861. 

Hon.  William  H.  Seward,  Secretary  of  State  for  the  United  States,  Wash 
ington. 

The  "memorandum"  dated  Department  of  State,  Washington, 
March  15,  1861,  with  postscript  under  date  of  8th  instant,  has 
been  received  through  the  hands  of  Mr.  J.  T.  Pickett,  secretary  of 
this  commission,  who,  by  the  instructions  of  the  undersigned, 
called  for  it  on  yesterday  at  the  Department. 

In  that  memorandum  you  correctly  state  the  purport  of  the 
official  note  addressed  to  you  by  the  undersigned  on  the  I2th 
ultimo.  Without  repeating  the  contents  of  that  note  in  full,  it  is 
enough  to  say  here  that  its  object  was  to  invite  the  Government 
of  the  United  States  to  a  friendly  consideration  of  the  relations 
between  the  United  States  and  the  seven  States  lately  the  Federal 
Union,  but  now  separated  from  it  by  the  sovereign  will  of  their 
people,  growing  out  of  the  pregnant  and  undeniable  fact  that 
those  people  have  rejected  the  authority  of  the  United  States,  and 
established  a  government  of  their  own.  Those  relations  had  to 
be  friendly  or  hostile.  The  people  of  the  old  and  new  Govern 
ments,  occupying  contiguous  territories,  had  to  stand  to  each 
other  in  the  relation'  of  good  neighbors,  each  seeking  their  hap 
piness  and  pursuing  their  national  destinies  in  their  own  way, 
without  interference  with  the  other;  or  they  had  to  be  rival  and 
hostile  nations.  The  Government  of  the  Confederate  States  had 
no  hesitation  in  electing  its  choice  in  this  alternative.  Frankly 


Provisional  Congress.  89 

and  unreservedly,  seeking  the  good  of  the  people  who  had  intrust 
ed  them  with  power,  in  the  spirit  of  humanity,  of  the  Christian 
civilization  of  the  age,  and  of  that  Americanism  which  regards 
the  true  welfare  and  happiness  of  the  people,  the  Government  of 
the  Confederate  States,  among  its  first  acts,  commissioned  the 
undersigned  to  approach  the  Government  of  the  United  States 
with  the  olive  branch  of  peace,  and  to  offer  to  adjust  the  great 
questions  pending  between  them  in  the  only  way  to  be  justified 
by  the  consciences  and  common  sense  of  good  men  who  had  noth 
ing  but  the  welfare  of  the  people  of  the  two  confederacies  at 
heart. 

Your  Government  has  not  chosen  to  meet  the  undersigned  in 
the  conciliatory  and  peaceful  spirit  in  which  they  are  commis 
sioned.  Persistently  wedded  to  those  fatal  theories  of  construc 
tion  of  the  Federal  Constitution  always  rejected  by  the  statesmen 
of  the  South,  and  adhered  to  by  those  of  the  Administration 
school,  until  they  have  produced  their  natural  and  often  predicted 
result  of  the  destruction  of  the  Union,  under  which  we  might  have 
continued  to  live  happily  and  gloriously  together,  had  the  spirit 
of  the  ancestry  who  framed  the  common  Constitution  animated 
the  hearts  of  all  their  sons,  you  now,  with  a  persistence  untaught 
and  uncured  by  the  ruin  which  has  been  wrought,  refuse  to  recog 
nize  the  great  fact  presented  to  you  of  a  completed  and  success 
ful  revolution ;  you  close  your  eyes  to  the  existence  of  the  Gov 
ernment  founded  upon  it,  and  ignore  the  high  duties  of  modera 
tion  and  humanity  which  attach  to  you  in  dealing  with  this  great 
fact.  Had  you  met  these  issues  with  the  frankness  and  manliness 
with  which  the  undersigned  were  instructed  to  present  them  to 
you  and  treat  them,  the  undersigned  had  not  now  the  melancholy 
duty  to  return  home  and  tell  their  Government  and  their  country 
men  that  their  earnest  and  ceaseless  efforts  in  behalf  of  peace  had 
been  futile,  and  that  the  Government  of  the  United  States  meant 
to  subjugate  them  by  force  of  arms.  Whatever  may  be  the  re 
sult,  impartial  history  will  record  the  innocence  of  [he  Govern 
ment  of  the  Confederate  States,  and  place  the  responsibility  of  the 
blood  and  mourning  that  may  ensue  upon  those  who  have  denied 
the  great  fundamental  doctrine  of  American  liberty,  that  "govern 
ments  derive  their  just  powers  from  the  consent  of  the  governed/' 
and  who  have  set  naval  and  land  armaments  in  motion  to  subject 


90  Messages  and  Papers  of  the  Confederacy. 

the  people  of  one  portion  of  this  land  to  the  will  of  another  por 
tion.  That  that  can  never  be  done,  while  a  freeman  survives  in 
the  Confederate  States  to  wield  a  weapon,  the  undersigned  appeal 
to  past  history  to  prove.  These  military  demonstrations  against 
the  people  of  the  seceded  States  are  certainly  far  from  being  in 
keeping  and  consistency  with  the  theory  of  the  Secretary  of  State, 
maintained  in  his  memorandum,  that  these  States  are  still  com 
ponent  parts  of  the  late  American  Union,  as  the  undersigned  are 
not  aware  of  any  constitutional  power  in  the  President  of  the 
United  States  to  levy  war,  without  the  consent  of  Congress,  upon 
a  foreign  people,  much  less  upon  any  portion  of  the  people  of  the 
United  States. 

The  undersigned,  like  the  Secretary  of  State,  have  no  purpose 
to  "invite  or  engage  in  discussion"  of  the  subject  on  which  their 
two  Governments  are  so  irreconcilably  at  variance.  It  is  this 
variance  that  has  broken  up  the  old  Union,  the  disintegration  of 
which  has  only  begun.  It  is  proper,  however,  to  advise  you  that 
it  were  well  to  dismiss  the  hopes  you  seem  to  entertain  that,  by 
any  of  the  modes  indicated,  the  people  of  the  Confederate  States 
will  ever  be  brought  to  submit  to  the  authority  of  the  Government 
of  the  United  States.  You  are  dealing  with  delusions,  too,  when 
you  seek  to  separate  our  people  from  our  Government,  and  to 
characterize  the  deliberate  sovereign  act  of  that  people  as  a  "per 
version  of  a  temporary  and  partisan  excitement."  If  you  cherish 
these  dreams,  you  will  be  awakened  from  them  and  find  them  as 
unreal  and  unsubstantial  as  others  in  which  you  have  recently 
indulged.  The  undersigned  would  omit  the  performance  of  an 
obvious  duty,  were  they  to  fail  to  make  known  to  the  Govern 
ment  of  the  United  States  that  the  people  of  the  Confederate 
States  have  declared  their  independence  with  a  full  knowledge  of 
all  the  responsibilities  of  that  act,  and  with  as  firm  a  determina 
tion  to  maintain  it  by  all  the  means  with  which  nature  has  en 
dowed  them  as  that  which  sustained  their  fathers  when  they 
threw  off  the  authority  of  the  British  Crown. 

The  undersigned  clearly  understand  that  you  have  declined  to 
appoint  a  day  to  enable  them  to  lay  the  objects  of  the  mission 
with  which  they  are  charged  before  the  President  of  the  United 
States,  because  so  to  do  would  be  to  recognize  the  independence 
and  separate  nationality  of  the  Confederate  States.  This  is  the 


Provisional  Congress.  91 

vein  of  thought  that  pervades  the  memorandum  before  us.  The 
truth  of  history  requires  that  it  should  distinctly  appear  upon  the 
record  that  the  undersigned  did  not  ask  the  Government  of  the 
United  States  to  recognize  the  independence  of  the  Confederate 
States.  They  only  asked  audience  to  adjust,  in  a  spirit  of  amity 
and  peace,  the  new  relations  springing  from  a  manifest  and  ac 
complished  revolution  in  the  Government  of  the  late  Federal 
Union.  Your  refusal  to  entertain  these  overtures  for  a  peaceful 
solution,  the  active  naval  and  military  preparations  of  this  Gov 
ernment,  and  a  formal  notice  to  the  commanding  General  of  the 
Confederate  forces  in  the  harbor  of  Charleston  that  the  Presi 
dent  intends  to  provision  Fort  Sumter  by  forcible  means,  if  nec 
essary,  are  viewed  by  the  undersigned,  and  can  only  be  received 
by  the  world,  as  a  declaration  of  war  against  the  Confederate 
States;  for  the  President  of  the  United  States  knows  that  Fort 
Sumter  cannot  be  provisioned  without  the  effusion  of  blood.  The 
undersigned,  in  behalf  of  their  Government  and  people,  accept 
the  gage  of  battle  thus  thrown  down  to  them ;  and,  appealing  to 
God  and  the  judgment  of  mankind  for  the  righteousness  of  their 
cause,  the  people  of  the  Confederate  States  will  defend  their  lib 
erties  to  the  last,  against  this  flagrant  and  open  attempt  at  their 
subjugation  to  sectional  power. 

This  communication  cannot  be  properly  closed  without  advert 
ing  to  the  date  of  your  memorandum.  The  official  note  of  the 
undersigned,  of  the  I2th  of  March,  was  delivered  to  the  Assistant 
Secretary  of  State  on  the  I3th  of  that  month,  the  gentleman  who 
delivered  it  informing  him  that  the  secretary  of  this  commission 
would  call  at  twelve  o'clock,  noon,  on  the  next  day,  for  an  answer. 
At  the  appointed  hour  Mr.  Pickett  did  call,  and  was  informed  by 
the  Assistant  Secretary  of  State  that  the  engagements  of  the  Sec 
retary  of  State  had  prevented  him  from  giving  the  note  his  at 
tention.  The  Assistant  Secretary  of  State  then  asked  for  the  ad 
dress  of  Messrs.  Crawford  and  Forsyth,  the  members  of  the 
commission  then  present  in  this  city,  took  note  of  the  address  on 
a  card,  and  engaged  to  send  whatever  reply  might  be  made  to 
their  lodgings.  Why  this  was  not  done,  it  is  proper  should  be 
here  explained.  The  memorandum  is  dated  March  15,  and  was 
not  delivered  until  April  8.  Why  was  it  withheld  during  the 
intervening  twenty-three  days?  In  the  postscript  to  your  mem- 


92  Messages  and  Papers  of  the  Confederacy. 

orandum  you  say  it  "was  delayed,  as  was  understood,  with  their 
[Messrs.  Forsyth  and  Crawford's]  consent."  This  is  true;  but 
it  is  also  true  that,  on  the  I5th  of  March,  Messrs.  Forsyth  and 
Crawford  were  assured  by  a  person  occupying  a  high  official 
position  in  the  Government,  and  who,  as  they  believed,  was  speak 
ing  by  authority,  that  Fort  Sumter  would  be  evacuated  in  a  very 
few  days,  and  that  no  measure  changing  the  existing  status  preju 
dicially  to  the  Confederate  States,  as  respects  Fort  Pickens,  was 
then  contemplated,  and  these  assurances  were  subsequently  re 
peated,  with  the  addition  that  any  contemplated  change  as  respects- 
Pickens  would  be  notified  to  us.  On  the  ist  of  April  we  were 
again  informed  that  there  might  be  an  attempt  to  supply  Fort 
Sumter  with  provisions,  but  that  Governor  Pickens  should  have 
previous  notice  of  this  attempt.  There  was  no  suggestion  of  any 
reinforcement.  The  undersigned  did  not  hesitate  to  believe  that 
these  assurances  expressed  the  intentions  of  the  Administration 
at  the  time,  or  at  all  events  of  prominent  members  of  that  Admin 
istration.  This  delay  was  assented  to  for  the  express  purpose  of 
attaining  the  great  end  of  the  mission  of  the  undersigned — to 
wit,  a  pacific  solution  of  existing  complications.  The  inference 
deducible  from  the  date  of  your  memorandum,  that  the  under 
signed  had,  of  their  own  volition  and  without  cause,  consented 
to  this  long  hiatus  in  the  grave  duties  with  which  they  were 
charged,  is  therefore  not  consistent  with  a  just  exposition  of  the 
facts  of  the  case.  The  intervening  twenty-three  days  were  em 
ployed  in  active  unofficial  efforts,  the  object  of  which  was  to 
smooth  the  path  to  a  pacific  solution,  the  distinguished  personage 
alluded  to  cooperating  with  the  undersigned;  and  every  step  of 
that  effort  is  recorded  in  writing  and  now  in  the  possession  of 
the  undersigned  and  of  their  Government.  It  was  only  when  all 
those  anxious  efforts  for  peace  had  been  exhausted,  and  it  be 
came  clear  that  Mr.  Lincoln  had  determined  to  appeal  to  the  sword 
to  reduce  the  people  of  the  Confederate  States  to  the  will  of  the 
section  or  party  whose  President  he  is,  that  the  undersigned  re 
sumed  the  official  negotiation  temporarily  suspended,  and  sent 
their  secretary  for  a  reply  to  their  official  note  of  March  12. 

It  is  proper  to  add  that,  during  these  twenty-three  days,  two 
gentlemen,  of  official  distinction  as  high  as  that  of  the  personage 


Provisional  Congress.  93 

hitherto  alluded  to;  aided  the  undersigned  as  intermediaries  in 

these  unofficial  negotiations  for  peace. 

The  undersigned,  commissioners  of  the  Confederate  States  of 

America,  having  thus  made  answer  to  all  they  deem  material  in 

the  memorandum  filed  in  the  Department  on  the  I5th  of  March 

last,  have  the  honor  to  be 

JOHN  FORSYTH, 
MARTIN  J.  CRAWFORD, 
A.  B.  ROMAN. 


Mr.  Seivard  in  Reply  to  the  Commissioners. 

DEPARTMENT  OF  STATE,  WASHINGTON,  April  10,  1861. 
Messrs.  Forsyth,  Crawford,  and  Roman,  having  been  apprised 
by  a  memorandum,  which  has  been  delivered  to  them,  that  the 
Secretary  of  State  is  not  at  liberty  to  hold  official  intercourse  with 
them,  will,  it  is  presumed,  expect  no  notice  from  him  of  the  new 
communication  which  they  have  addressed  to  him  under  date  of 
the  Qth  inst.,  beyond  the  simple  acknowledgment  of  the  receipt 
thereof,  which  he  hereby  very  cheerfully  gives. 


fudge  Campbell  to  Mr.  Scward. 

WASHINGTON  CITY,  April  13,  1861. 

Sir:  On  the  I5th  of  March  ult.,  I  left  with  Judge  Crawford,  one 
of  the  commissioners  of  the  Confederate  States,  a  note  in  writing 
to  the  effect  following : 

"I  feel  entire  confidence  that  Fort  Sumter  will  be  evacuated  in 
the  next  five  days.  And  this  measure  is  felt  as  imposing  great  re 
sponsibility  on  the  Administration. 

"I  feel  entire  confidence  that  no  measure  changing  the  existing 
status,  prejudicially  to  the  Southern  Confederate  States,  is  at  pres 
ent  contemplated. 

"I  feel  an  entire  confidence  that  an  immediate  demand  for  an 
answer  to  the  communication  of  the  commissioners  will  be  pro 
ductive  of  evil  and  not  of  good.  I  do  not  believe  that  it  ought,  at 
this  time,  to  be  pressed." 

The  substance  of  this  statement  I  communicated  to  vou  the  same 


94  Messages  and  Papers  of  the  Confederacy. 

evening  by  letter.  Five  days  elapsed,  and  I  called  with  a  telegram 
from  General  Beauregard  to  the  effect  that  Sumter  was  not  evac 
uated,  but  that  Major  Anderson  was  at  work  making  repairs. 

The  next  day,  after  conversing  with  you,  I  communicated  to 
Judge  Crawford,  in  writing,  that  the  failure  to  evacuate  Sumter 
was  not  the  result  of  bad  faith,  but  was  attributable  to  causes  con 
sistent  with  the  intention  to  fulfill  the  engagement,  and  that  as  re 
garded  Pickens,  I  should  have  notice  of  any  design  to  alter  the 
existing  status  there.  Mr.  Justice  Nelson  was  present  at  these 
conversations,  three  in  number,  and  I  submitted  to  him  each  of 
my  written  communications  to  Judge  Crawford,  and  informed 
Judge  C.  that  they  had  his  (Judge  Nelson's)  sanction.  I  gave 
you,  on  the  22d  of  March,  a  substantial  copy  of  the  statement  I 
had  made  on  the  I5th. 

The  3Oth  of  March  arrived,  and  at  that  time  a  telegram  came 
from  Governor  Pickens,  inquiring  concerning  Colonel  Lamon, 
whose  visit  to  Charleston  he  supposed  had  a  connection  with  the 
proposed  evacuation  of  Fort  Sumter. 

I  left  that  with  you,  and  was  to  have  an  answer  the  following 
Monday  (ist  of  April).  On  the  1st  of  April  I  received  from  you 
the  statement  in  writing:  "(I  am  satisfied)  the  Government  will 
not  undertake  to  supply  Fort  Sumter  without  giving  notice  to 
Governor  P."  The  words  "I  am  satisfied"  were  for  me  to  use  as 
expressive  of  confidence  in  the  remainder  of  the  declaration. 

The  proposition  as  originally  prepared  was,  "the  President  may 
desire  to  supply  Sumter,  but  will  not  do  so,"  etc.,  and  your  verbal 
explanation  was  that  you  did  not  believe  any  such  attempt  would 
be  made,  and  that  there  was  no  design  to  reenforce  Sumter. 

There  was  a  departure  here  from  the  pledges  of  the  previous 
month,  but  with  the  verbal  explanation,  I  did  not  consider  it  a  mat 
ter  then  to  complain  of.  I  simply  stated  to  you  that  I  had  that 
assurance  previously. 

On  the  7th  day  of  April  I  addressed  you  a  letter  on  the  subject 
of  the  alarm  that  the  preparations  by  the  Government  had  created, 
and  asked  you  if  the  assurances  I  had  given  were  well  or  ill- 
founded.  In  respect  to  Sumter  your  reply  was,  "Faith  as  to 
Sumter  fully  kept — wait  and  see."  In  the  morning's  paper  I 
read,  "An  authorized  messenger  from  President  Lincoln  informed 


Provisional  Congress.  95 

Governor  Pickens  and  General  Beauregard  that  provisions  will  be 
sent  to  Fort  Sumter — peaceably,  or  otherwise  by  force/'  This 
was  the  8th  of  April,  at  Charleston,  the  day  following  your  last  as 
surance,  and  is  the  last  evidence  of  the  full  faith  I  was  invited  to 
wait  for  and  see.  In  the  same  paper,  I  read  that  intercepted  dis 
patches  disclosed  the  fact  that  Mr.  Fox,  who  had  been  allowed  to 
visit  Major  Anderson,  on  the  pledge  that  his  purpose  was  pacific, 
employed  his  opportunity  to  devise  a  plan  for  supplying  the  Fort 
by  force,  and  that  this  plan  had  been  adopted  by  the  Wash 
ington  Government,  and  was  in  process  of  execution.  My  recol 
lection  of  the  date  of  Mr.  Fox's  visit  carries  it  to  a  day  in  March. 
1  learn  he  is  a  near  connection  of  a  member  of  the  Cabinet.  My 
connection  with  the  commissioners  and  yourself  was  superinduced 
by  a  conversation  with  Justice  Nelson.  He  informed  me  of  your 
strong  disposition  in  favor  of  peace,  and  that  you  were  oppressed 
with  a  demand  of  the  commissioners  of  the  Confederate  States 
for  a  reply  to  their  first  letter,  and  that  you  desired  to  avoid  it  if 
possible  at  that  time. 

I  told  him  I  might  perhaps  be  of  some  service  in  arranging  the 
difficulty.  I  came  to  your  office  entirely  at  his  request  and  without 
the  knowledge  of  either  of  the  commissioners.  Your  depression 
was  obvious  to  both  Judge  Nelson  and  myself.  I  was  gratified  at 
the  character  of  the  counsels  you  were  desirous  of  pursuing  and 
much  impressed  with  your  observation  that  a  civil  war  might.be 
prevented  by  the  success  of  my  mediation.  You  read  a  letter  of 
Mr.  Weed  to  show  how  irksome  and  responsible  the  withdrawal 
of  troops  from  Sumter  was.  A  portion  of  my  communication  to 
Judge  Crawford  on  the  I5th  of  March  was  founded  upon  these  re 
marks,  and  the  pledge  to  evacuate  Sumter  is  less  forcible  than 
the  words  you  employed.  These  words  were :  ''Before  this  letter 
reaches  you  [a  proposed  letter  by  me  to  President  Davis],  Sumter 
will  have  been  evacuated." 

The  commissioners  who  received  those  communications  con 
clude  they  have  been  abused  and  overreached.  The  Montgomery 
Government  hold  the  same  opinion.  The  commissioners  have 
supposed  that  my  communications  were  with  you,  and  upon  the 
[that]  hypothesis  were  prepared  to  arraign  you  before  the  country 
in  connection  with  the  President.  I  placed  a  peremptory  prohibi 
tion  upon  this  as  being  contrary  to  the  terms  of  my  communica- 


96  Messages  and  Papers  of  the  Confederacy. 

tions  with  them.  I  pledged  myself  to  them  to  communicate  in 
formation  upon  what  I  considered  as  the  best  authority,  and  they 
were  to  confide  in  the  ability  of  myself,  aided  by  Judge  Nelson,  to 
determine  upon  the  credibility  of  my  informant. 

I  think  no  candid  man  who  will  read  over  what  I  have  written, 
and  consider  for  a  moment  what  is  going  on  at  Sumter,  but  will 
agree  that  the  equivocating  conduct  of  the  Administration,  as 
measured  and  interpreted  in  connection  with  these  promises,  is 
the  proximate  cause  of  the  great  calamity. 

I  have  a  profound  conviction  that  the  telegrams  of  the  8th  of 
April  of  General  Beauregard,  and  of  the  loth  of  April  of  General 
Walker,  the  Secretary  of  War,  can  be  referred  to  nothing  else 
than  their  belief  that  there  has  been  systematic  duplicity  prac 
ticed  on  them  through  me.  It  is  under  an  oppressive  sense  of  the 
weight  of  this  responsibility  that  I  submit  to  you  these  things  for 
your  explanation.  Very  respectfully, 

[Signed]  JOHN  A.  CAMPBELL, 

Associate  Justice  of  the  Supreme  Court,  U.  S. 

HON.  WILLIAM  H.  SEWARD,  Secretary  of  State. 


DISPATCHES. 

To  L.  P.  Walker,  Secretary  of  War. 

An  authorized  message  from  President  Lincoln  just  informed 
Governor  Pickens  and  myself  that  provisions  will  be  sent  to  Fort 
Sumter  peaceably,  or  otherwise  by  force. 

Gen.  P.  G.  T.  Beauregard. 

If  you  have  no  doubt  as  to  the  authorized  character  of  the  agent 
who  communicated  to  you  the  intention  of  the  Washington  Gov 
ernment  to  supply  Fort  Sumter  by  force,  you  will  at  once  demand 
its  evacuation,  and,  if  this  is  refused,  proceed  in  such  manner  as 
you  may  determine  to  reduce  it. 

Judge  Campbell  to  Mr.  Seward. 

WASHINGTON  CITY,  April  20,  1861. 

Sir:  I  enclose  you  a  letter,  corresponding  very  nearly  with  one 
1  addressed  to  you  a  wreek  ago  (i3th  April),  to  which  I  have  not 


Provisional  Congress.  97 

had  any  repiy.  The  letter  is  simply  one  of  inquiry  in  reference 
to  facts  concerning  which,  I  think,  1  am  entitled  to  an  explana 
tion.  I  have  not  adopted  any  opinion  in  reference  to  them  which 
may  not  be  modified  by  explanation,  nor  have  I  affirmed  in  that 
letter,  nor  do  I  in  this,  any  conclusion  of  my  own  unfavorable  to 
your  integrity  in  the  whole  transaction. 

All  that  I  have  said  and  mean  to  say  is,  that  an  explanation  is 
due  from  you  to  myself.  I  will  not  say  what  I  shall  do  in  case 
this  request  is  not  complied  with,  but  I  am  justified  in  saying  that 
f  shall  feel  at  liberty  to  place  these  letters  before  any  person  who 
is  entitled  to  ask  an  explanation  of  myself.  Very  respectfully, 

JOHN  A.  CAMPBELL, 
Associate  Justice  of  the  Supreme  Court,  U.  S. 

HON.  WILLIAM  H.  SEWARD,  Secretary  of  State. 

No  reply  has  been  made  to  this  letter,  April  24,  1861. 


Judge  Campbell  to  the  President  of  the  Confederate  States. 

MONTGOMERY.  ALA.,  May  7,  1861. 

Sir:  I  submit  to  you  two  letters  that  were  addressed  by  me  to 
the  Hon.  W.  H.  Seward,  Secretary  of  State  of  the  United  States, 
that  contain  an  explanation  of  the  nature  and  result  of  an  inter 
vention  by  me  in  the  intercourse  of  the  commissioners  of  the 
Confederate  States  with  that  officer.  I  considered  that  I  could 
perform  no  duty  in  which  the  entire  American  people,  whether  of 
the  Federal  Union  or  of  the  Confederate  States,  were  more  in 
terested  than  that  of  promoting  the  counsels  and  the  policy  that 
had  for  their  object  the  preservation  of  peace.  This  motive  dic 
tated  my  intervention.  Besides  the  interview  referred  to  in  these 
letters,  I  informed  the  Assistant  Secretary  of  State  of  the  United 
States  (not  being  able  to  see  the  Secretary)  on  the  nth  April,  tilt., 
of  the  existence  of  a  telegram  of  that  date,  from  General  Beaure- 
gard  to  the  commissioners,  in  which  he  informed  the  commis 
sioners  that  he  had  demanded  the  evacuation  of  Sumter,  and  if  re 
fused  he  would  proceed  to  reduce  it.  On  the  same  day,  I  had  been 
told  that  President  Lincoln  had  said  that  none  of  the  vessels  sent 
to  Charleston  were  war  vessels,  and  that  force  was  not  to  be  used 
in  the  attempt  to  supply  the  Fort.  I  had  no  means  of  testing  the 
7 


98  Messages  and  Papers  of  the  Confederacy. 

accuracy  of  this  information ;  but  offered  that  if  the  information 
was  accurate  I  would  send  a  telegram  to  the  authorities  at  Charles 
ton,  and  it  might  prevent  the  disastrous  consequences  of  a  collision 
at  that  fort  between  the  opposing  forces.  It  was  the  last  effort 
that  I  would  make  to  avert  the  calamities  of  war.  The  Assistant 
Secretary  promised  to  give  the  matter  attention,  but  I  had  no  other 
intercourse  with  him  or  any  other  person  on  the  subject,  nor  have 
jl  had  any  reply  to  the  letters  submitted  to  you. 

Very  respectfully,  JOHN  A.  CAMPBELL. 

GENERAL  DAVIS,  President  of  the  Confederate  States. 


EXECUTIVE  DEPARTMENT,  MONTGOMERY,  May  9,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  communication  from 
the  Secretary  of  War,  covering  the  report  of  operations  in  the  re 
duction  of  Fort  Sumter,  together  with  the  flag  used  on  that  oc 
casion.  JEFFERSON  DAVIS. 


MONTGOMERY,  May  10,  1861. 
The  Congress  of  the  Confederate  States  of  America. 

It  is  with  sincere  pleasure  that  I  inform  you  that  the  govern 
ment  of  North  Carolina  has  accredited  the  Hon.  Thomas  L.  Cling- 
man  as  commissioner  to  represent  that  Commonwealth  near  the 
Government  of  the  Confederate  States.  Mr.  Clingman  presented 
to  me  this  day  his  letters  of  credence,  and  I  received  him  in  a 
manner  corresponding  to  his  station  and  the  high  purpose  of  his 
mission.  It  afforded  me  much  gratification  to  receive  from  Mr. 
Clingman  the  assurance  which  he  was  instructed  by  his  govern 
ment  to  convey  to  me  of  the  determination  of  his  State  "to  link 
her  fortunes  with  those  of  the  Confederate  States,  and  to  draw 
the  sword  in  the  common  defense  of  our  liberties."  This  proof 
of  North  Carolina's  sympathy,  and  this  promise  of  her  early 
union  with  the  Confederate  States,  are  the  more  signal  because 
conveyed  by  one  of  such  high  station  and  reputation  as  Mr.  Cling 
man.  JEFF'N  DAVIS. 


Provisional  Congress.  99 

MONTGOMERY,  May  13,  1861. 

The  Congress  of  the  Confederate  States  of  America. 

I  lay  before  Congress,  for  their  consideration  and  action  in  re 
lation  thereto,  copies  of  a  convention  between  the  Confederate 
States  and  the  State  of  Tennessee,  which  was  concluded  and 
signed  by  the  commissioners  of  both  parties  at  the  city  of  Nash 
ville  on  the  7th  day  of  May,  A.D.  1861,  and  of  the  ratification  and 
confirmation  of  the  same  by  the  General  Assembly  of  the  State  of 
Tennessee.  JEFF'N  DAVIS. 


EXECUTIVE  DEPARTMENT, 
MONTGOMERY,  ALA.,  May  14,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  the  several  estimates 
of  the  Secretary  of  War  for  the  fiscal  year,  ending  the  i8th  of 
February,  1862.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  May  16,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  additional  estimates 
of  the  Secretary  of  War.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  May  17,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  herewith  transmit  to  the  Congress  a  communication  from  the 
Postmaster  General,  covering  additional  estimates  for  the  service 
of  his  Department  for  the  year  ending  February  4,  1862. 

JEFFERSON  DAVIS. 


MONTGOMERY,  ALA.,  May  18,  i86r. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  herewith  transmit  to  the  Congress  the  estimate  of  the  Sec 
retary  of  War  for  incidental  expenses  of  officers  of  the  Confed 
erate  Army  assigned  to  duty  among  the  Indian  tribes,  for  the 


ioo  Messages  and  Papers  of  the  Confederacy 

fiscal  year  ending  February  18,  1862.  The  functions  which  said 
officers  will  be  required  to  perform  are  generally  those  of  agents 
of  Indian  Affairs.  JEFF'N  DAVIS. 


EXECUTIVE  DEPARTMENT,  May  20,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  herewith  transmit  to  the  Congress  certain  estimates  of  the 
.Secretary  of  the  Navy  for  the  year  ending  February  18,  1862. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  May  20,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  herewith  transmit  to  the  Congress  certain  resolutions*  of  the 
Board  of  Mayor  and  Aldermen  of  the  city  of  Memphis. 

JEFFERSON  DAVIS. 


VETO  MESSAGES. 

MONTGOMERY,  ALA.,  May  17,  1861. 
To  the  Congress  of  the  Confederate  States. 

I  have  this  day  received  your  resolution  providing  for  the  ad 
journment  of  Congress  "to  meet  again  at  Richmond  on  the  twen 
tieth  day  of  July  next,"  etc.,  and  have  the  honor  to  return  it  to 
you  with  a  statement  of  my  objections. 

By  the  third  clause  of  the  sixth  article  of  the  Constitution  of 
the  Provisional  Government  of  the  Confederate  States  of  Amer 
ica,  it  was  enacted  that  "until  otherwise  provided  by  the  Congress 
the  city  of  Montgomery,  in  the  State  of  Alabama,  shall  be  the  seat 
of  government." 

There  is  no  provision  in  the  resolution  before  me  to  remove  the 
.-seat  of  government,  and  it  hence  follows  that  the  office  of  the 
Executive  and  those  of  the  Executive  Departments  of  the  Gov 
ernment  must  remain  at  the  city  of  Montgomery. 

*  Inviting  the  Congress  to  hold  its  next  session  in  the  city  of  Memphis, 
Tenn, 


Provisional  Congress.  101 

Though  there  is  no  specified  requirement  that  the  Congress 
should  assemble  at  the  seat  of  government,  the  obvious  necessity 
for  its  doing  so  will  require  extraordinary  circumstances  to  justi 
fy  the  holding  of  a  session  of  Congress  at  a  place  remote  from 
that  where  the  Executive  Departments  are  located.  Great  em 
barrassment  and  probable  detriment  to  the  public  service  must  re 
sult  from  a  want  of  co-intelligence  between  the  coordinate 
branches  of  the  Government  incident  to  such  separation.  The 
estimates  on  which  appropriations  can  alone  be  made  not  infre 
quently  require  explanation,  which,  under  such  circumstances, 
could  not  well  be  made. 

Members  of  the  Cabinet  who  are  also  members  of  the  Congress 
must  of  necessity  be  prevented  from  performing  one  duty  or  the 
other. 

With  these  views  deferentially  and  most  respectfully  submitted, 
I  have  the  honor  to  return  the  resolution  for  such  further  action 
as  the  Congress  may  in  its  wisdom  deem  it  proper  to  adopt. 

JEFFERSON  DAVIS. 


To  the  Congress. 

Gentlemen:  I  have  the  honor  to  return  to  you  without  my  ap 
proval  the  act  entitled  "An  act  to  establish  a  court  of  admiralty 
and  maritime  jurisdiction  in  the  State  of  Mississippi  for  the  coun 
ties  lying  on  the  Mississippi  River  in  said  State." 

Although  I  am  unable  to  perceive  the  advantage  of  an  addition 
al  court  in  Mississippi,  as  provided  (by)  the  bill,  this  would  not 
constitute  a  sufficient  reason  for  withholding  my  approval.  But 
the  bill  goes  farther.  It  creates  a  jurisdiction  for  a  certain  por 
tion  of  the  bank  of  the  Mississippi  River,  entirely  different  from 
that  which  exists  above,  below,  arid  on  the  opposite  bank  of  the 
river.  This  cannot  but  lead  to  conflict  of  jurisdiction,  embarrass 
ment,  and  confusion,  and  I  cannot  perceive  the  necessity  for  so 
exceptional  a  measure. 

I  therefore  return  it  to  the  Congress  with  my  objections. 

[Received  May  21,  1861.]  JEFFERSON  DAVIS. 


IO2  Messages  and  Papers  of  the  Confederacy. 

PROCLAMATIONS. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  a  treaty  or  convention  of  alliance,  offensive  and  de 
fensive,  between  the  Confederate  States  of  America  and  the  Com 
monwealth  of  Virginia,  was  concluded  and  signed  at  the  city  of 
Richmond  on  the  24th  day  of  April,  A.D.  1861,  which  treaty  or 
convention  of  alliance  is,  word  for  word,  as  follows  :* 

And  whereas,  the  said  treaty  or  convention  of  alliance  has  been 
duly  ratified  on  both  parts : 

Now,  therefore,  be  it  known  that  I,  Jefferson  Davis,  President 
of  the  Confederate  States  of  America,  have  caused  the  said  treaty 
or  convention  of  alliance  to  be  made  public,  to  the  end  that  the 
same,  and  every  clause  and  article  thereof,  may  be  observed  and 
fulfilled  with  good  faith  by  the  Confederate  States  and  the  citi 
zens  thereof. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  Confederate  States  to  be  affixed  at  the  city  of  Mont 
gomery  this  8th  day  of  May,  A.D.  1861.  JEFF'N  DAVIS. 

By  the  President : 

R.  TOOMBS,  Secretary  of  State. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

To  All  Who  Shall  See  These  Presents,  Greeting. 

Know  ye,  that  by  virtue  of  the  power  vested  in  me  by  law  I 
have  commissioned  and  do  hereby  commission,  have  authorized 
and  do  hereby  authorize,  the  schooner  or  vessel  called  the  Sa 
vannah  (more  particularly  described  in  the  schedule  hereunto 
annexed! ),  whereof  T.  Harrison  Baker  is  commander,  to  act  as 

*Omitted. 

tSchedule  of  description  of  the  vessel :  Name,  Schooner  Savannah ; 
tonnage,  fifty-three  and  forty-one  ninety-fifth  tons;  armament,  one  large 
pivot  gun  and  small  arms ;  number  of  crew,  thirty. 


Provisional  Congress.  103 

a  private  armed  vessel  in  the  service  of  the  Confederate  States 
on  the  high  seas  against  the  United  States  of  America,  their  ships, 
vessels,  goods,  and  effects,  and  those  of  their  citizens  during  the 
pendency  of  the  war  now  existing  between  the  said  Confederate 
States  and  the  said  United  States. 

This  commission  to  continue  in  force  until  revoked  by  the  Pres 
ident  of  the  Confederate  States  for  the  time  being. 

Given  under  my  hand  and  seal  of  the  Confederate  States  at 
Montgomery  this  i8th  day  of  May,  A.D.  1861.        JEFF'N  DAVIS. 

By  the  President : 

R.  TOOMBS,  Secretary  of  State. 


BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

To  the  People  of  the  Confederate   States. 

When  a  people  who  recognize  their  dependence  upon  God,  feel 
themselves  surrounded  by  peril  and  difficulty,  it  becomes  them  to 
humble  themselves  under  the  dispensation  of  Divine  Providence, 
to  recognize  his  righteous  government,  to  acknowledge  his  good 
ness  in  times  past,  and  supplicate  his  merciful  protection  for  the 
future. 

The  manifest  proofs  of  the  Divine  blessing  hitherto  extended  to 
the  efforts  of  the  people  of  the  Confederate  States  of  America,  to 
maintain  and  perpetuate  public  liberty,  individual  rights,  and  na 
tional  independence,  demand  their  devout  and  heartfelt  gratitude. 
It  becomes  them  to  give  public  manifestation  of  this  gratitude, 
and  of  their  dependence  upon  the  Judge  of  all  the  earth,  and  to 
invoke  the  continuance  of  his  favor.  Knowing  that  none  but  a 
just  and  righteous  cause  can  gain  the  Divine  favor,  we  would  im 
plore  the  Lord  of  hosts  to  guide  and  direct  our  policy  in  the  paths 
of  right,  duty,  justice,  and  mercy,  to  unite  our  hearts  and  our 
efforts  for  the  defense  of  our  dearest  rights;  to  strengthen  our 
weakness,  crown  our  arms  with  success,  and  enable  us  to  secure 
a  speedy,  just,  and  honorable  peace. 

To  these  ends,  and  in  conformity  with  the  request  of  Congress. 
I  invite  the  people  of  the  Confederate  States  to  the  observance  of 


1 04  Messages  and  Papers  of  the  Confederacy. 

a  day  of  fasting  and  prayer  by  such  religious  services  as  may  be 
suitable  for  the  occasion,  and  I  recommend  Thursday,  the  I3th 
day  of  June  next,  for  that  purpose,  and  that  we  may  all,  on  that 
day,  with  one  accord,  join  in  humble  and  reverential  approach  to 
him  in  whose  hands  we  are,  invoking  him  to  inspire  us  with  a 
proper  spirit  and  temper  of  heart  and  mind  to  bear  our  evils,  to 
bless  us  with  his  favor  and  protection,  and  to  bestow  his  gracious 
benediction  upon  our  Government  and  country. 

JEFFERSON  DAVIS. 

By  the  President : 

R.  TOOMBS,  Secretary  of  State. 

[May  28,  1861.] 


AN  ACT 

RECOGNIZING  THE  EXISTENCE  OF  WAR  BETWEEN  THE  UNITED 

STATES  AND  THE  CONFEDERATE   STATES,  AND  CONCERNING 

LETTERS  OF  MARQUE,  PRIZES,  AND  PRIZE  GOODS. 

Whereas,  the  earnest  efforts  made  by  this  Government  to  estab 
lish  friendly  relations  between  the  Government  of  the  United 
States  and  the  Confederate  States,  and  to  settle  all  questions  of 
disagreement  between  the  two  Governments  upon  principles  of 
right,  justice,  equity,  and  good  faith,  have  proved  unavailing  by 
reason  of  the  refusal  of  the  Government  of  the  United  States  to 
hold  any  intercourse  with  the  commissioners  appointed  by  this 
Government  for  the  purposes  aforesaid,  or  to  listen  to  any  pro 
posal  they  had  to  make  for  the  peaceful  solution  of  all  causes  of 
difficulty  between  the  two  Governments;  and 

Whereas,  the  President  of  the  United  States  of  America  has 
issued  his  proclamation  making  requisition  upon  the  States  of 
the  American  Union  for  75,000  men  for  the  purpose,  as  therein 
indicated,  of  capturing  forts  and  other  strongholds  within  the 
jurisdiction  of,  and  belonging  to,  the  Confederate  States  of  Amer 
ica,  and  has  detailed  naval  armaments  upon  the  coasts  of  the 
Confederate  States  of  America,  and  raised,  organized,  and 
equipped  a  large  military  force  to  execute  the  purpose  afore 
said,  and  has  issued  his  other  proclamation  announcing  his  pur- 


Provisional  Congress.  105 

pose  to  set  on  foot  a  blockade  of  the  ports  of  the  Confederate 
States;  and 

Whereas,  the  State  of  Virginia  has  seceded  from  the  Federal 
Union  and  entered  into  a  convention  of  alliance  offensive  and 
defensive  with  the  Confederate  States,  and  has  adopted  the  Pro 
visional  Constitution  of  the  said  States ;  and  the  States  of  Mary 
land,  North  Carolina,  Tennessee,  Kentucky,  Arkansas,  and  Mis 
souri  have  refused,  and  it  is  believed  that  the  State  of  Delaware 
and  the  inhabitants  of  the  Territories  of  Arizona  and  New  Mex 
ico,  and  the  Indian  Territory  south  of  Kansas,  will  refuse  to  co 
operate  with  the  Government  of  the  United  States  in  these  acts 
of  hostility  and  wanton  aggression,  which  are  plainly  intended 
to  overawe,  oppress,  and  finally  subjugate  the  people  of  the  Con 
federate  States ;  and 

Whereas,  by  the  acts  and  means  aforesaid,  war  exists  between 
the  Confederate  States  and  the  Government  of  the  United  States 
and  the  States  and  Territories  thereof,  except  the  States  of  Mary 
land,  North  Carolina,  Tennessee,  Kentucky,  Arkansas,  Missouri, 
and  Delaware,  and  the  Territories  of  Arizona  and  New  Mexico, 
and  the  Indian  Territory  south  of  Kansas :  Therefore, 

Section  i.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  of  the  Confederate  States  is  hereby 
authorized  to  use  the  whole  land  and  naval  force  of  the  Confed 
erate  States  to  meet  the  war  thus  commenced,  and  to  issue  to 
private  armed  vessels  commissions  or  letters  of  marque  and  gen 
eral  reprisal  in  such  form  as  he  shall  think  proper,  under  the  seal 
of  the  Confederate  States,  against  the  vessels,  goods,  and  effects 
of  the  Government  of  the  United  States,  and  of  the  citizens  or 
inhabitants  of  the  States  and  Territories  thereof,  except  the  States 
and  Territories  hereinbefore  named:  Provided,  however,  That 
property  of  the  enemy  (unless  it  be  contraband  of  war)  laden 
on  board  a  neutral  vessel  shall  not  be  subject  to  seizure  under 
this  act:  And  provided  further,  That  vessels  of  the  citizens  or 
inhabitants  of  the  United  States  now  in  the  ports  of  the  Con 
federate  States,  except  such  as  have  been  since  the  5th  of  April 
last,  or  may  hereafter  be,  in  the  service  of  the  Government  of  the 
United  States,  shall  be  allowed  thirty  days  after  the  publication 
of  this  act  to  leave  said  ports  and  reach  their  destination  ;  and 
such  vessels  and  their  cargoes,  excepting  articles  contraband  of 


106  Messages  and  Papers  of  the  Confederacy. 

war,  shall  not  be  subject  to  capture  under  this  act  during  said 
period  unless  they  shall  have  previously  reached  the  destination 
for  which  they  were  bound  on  leaving  said  ports. 

Sec.  2.  That  the  President  of  the  Confederate  States  shall  be, 
and  he  is  hereby,  authorized  and  empowered  to  revoke  and 
annul  at  pleasure  all  letters  of  marque  and  reprisal  which  he 
may  at  any  time  grant  pursuant  to  this  act. 

Sec.  3.  That  all  persons  applying  for  letters  of  marque  and  re 
prisal,  pursuant  to  this  act,  shall  state  in  writing  the  name  and 
a  suitable  description  of  the  tonnage  and  force  of  the  vessel,  and 
the  name  and  place  of  residence  of  each  owner  concerned  there 
in  and  the  intended  number  of  the  crew,  which  statement  shall 
be  signed  by  the  person  or  persons  making  such  application  and 
filed  with  the  Secretary  of  State,  or  shall  be  delivered  to  any 
other  officer  or  person  who  shall  be  employed  to  deliver  out  such 
commissions,  to  be  by  him  transmitted  to  the  Secretary  of  State. 

Sec.  4.  That  before  any  commission  or  letters  of  marque  and 
reprisal  shall  be  issued  as  aforesaid,  the  owner  or  owners  of  the 
ship  or  vessel  for  which  the  same  shall  be  requested,  and  the 
commander  thereof  for  the  time  being,  shall  give  bond  to  the 
Confederate  States,  with  at  least  two  responsible  sureties  not  in 
terested  in  such  vessel,  in  the  penal  sum  of  $5,000,  or  if  such  ves 
sel  be  provided  with  more  than  150  men,  then  in  the  penal  sum 
of  $10,000,  with  condition  that  the  owners,  officers,  and  crew 
who  shall  be  employed  on  board  such  commissioned  vessel  shall 
and  will  observe  the  laws  of  the  Confederate  States  and  the  in 
structions  which  shall  be  given  them  according  to  law  for  the 
regulation  of  their  conduct,  and  will  satisfy  all  damages  and  in 
juries  which  shall  be  done  or  committed  contrary  to  the  tenor 
thereof  by  such  vessel  during  her  commission,  and  to  deliver  up 
the  same  when  revoked  by  the  President  of  the  Confederate 
States. 

Sec.  5.  That  all  captures  and  prizes  of  vessels  and  property 
shall  be  forfeited  and  shall  accrue  to  the  owners,  officers,  and 
crews  of  the  vessels  by  whom  such  captures  and  prizes  shall  be 
made,  and  on  due  condemnation  had  shall  be  distributed  accord 
ing  to  any  written  agreement  which  shall  be  made  between  them ; 
and  if  there  be  no  such  written  agreement,  then  one  moiety  to  the 
owners  and  the  other  moiety  to  the  officers  and  crew,  as  nearly 


Provisional  Congress.  107 

as  may  be,  according  to  the  rules  prescribed  for  the  distribution 
of  prize  money  by  the  laws  of  the  Confederate  States. 

Sec.  6.  That  all  vessels,  goods,  and  effects,  the  property  of  any 
citizen  of  the  Confederate  States,  or  of  persons  resident  within 
and  under  the  protection  of  the  Confederate  States,  or  of  per 
sons  permanently  within  the  territories  and  under  the  protection 
of  any  foreign  prince,  government,  or  State  in  amity  with  the 
Confederate  States,  which  shall  have  been  captured  by  the  United 
States,  and  which  shall  be  recaptured  by  vessels  commissioned 
as  aforesaid,  shall  be  restored  to  the  lawful  owners  upon  payment 
by  them  of  a  just  and  reasonable  salvage,  to  be  determined  by  the 
mutual  agreement  of  the  parties  concerned,  or  by  the  decree  of 
any  court  having  jurisdiction,  according  to  the  nature  of  each 
case,  agreeably  to  the  provisions  established  by  law.  And  such 
salvage  shall  be  distributed  among  the  owners,  officers,  and  crews 
of  the  vessels  commissioned  as  aforesaid  and  making  such  cap 
tures,  according  to  any  written  agreement  which  shall  be  made 
between  them ;  and  in  case  of  no  such  agreement,  then  in  the  same 
manner  and  upon  the  principles  hereinbefore  provided  in  cases  of 
capture. 

Sec.  7.  That  before  breaking  bulk  of  any  vessel  which  shall  be 
captured  as  aforesaid,  or  other  disposal  or  conversion  thereof, 
or  of  any  articles  which  shall  be  found  on  board  the  same,  such 
captured  vessel,  goods,  or  effects  shall  be  brought  into  some  port 
of  the  Confederate  States  or  of  a  nation  or  State  in  amity  with 
the  Confederate  States,  and  shall  be  proceeded  against  before  a 
competent  tribunal ;  and  after  condemnation  and  forfeiture  there 
of  shall  belong  to  the  owners,  officers,  and  crew  of  the  vessel 
capturing  the  same,  and  be  distributed  as  before  provided ;  and 
in  the  case  of  all  captured  vessels,  goods,  and  effects  which  shall 
be  brought  within  the  jurisdiction  of  the  Confederate  States,  the 
district  courts  of  the  Confederate  States  shall  have  exclusive 
original  cognizance  thereof,  as  in  civil  causes  of  admiralty  and 
maritime  jurisdiction ;  and  the  said  courts,  or  the  courts,  being 
courts  of  the  Confederate  States,  into  which  such  cases  shall  be 
removed  and  in  which  they  shall  be  finally  decided,  shall  and  may 
decree  restitution  in  whole  or  in  part  when  the  capture  shall  have 
been  made  without  just  cause;  and  if  made  without  probable 
cause,  may  order  and  decree  damages  and  costs  to  the  party  in- 


io8  Messages  and  Papers  of  the  Confederacy. 

jured,  for  which  the  owners  and  commanders  of  the  vessels  mak 
ing  such  captures,  and  also  the  vessels,  shall  be  liable. 

Sec.  8.  That  all  persons  found  on  board  any  captured  vessels, 
or  on  board  any  recaptured  vessel,  shall  be  reported  to  the  col 
lector  of  the  port  in  the  Confederate  States  in  which  they  shall 
first  arrive,  and  shall  be  delivered  into  the  custody  of  the  marshal 
of  the  district  or  some  court  or  military  officer  of  the  Confed 
erate  States,  or  of  any  State  in  or  near  such  port,  who  shall  take 
charge  of  their  safe-keeping  and  support,  at  the  expense  of  the 
Confederate  States. 

Sec.  9.  That  the  President  of  the  Confederate  States  is  hereby 
authorized  to  establish  and  order  suitable  instructions  for  the 
better  governing  and  directing  the  conduct  of  the  vessels  so 
commissioned,  their  officers  and  crews,  copies  of  which  shall  be 
delivered  by  the  collector  of  the  customs  to  the  commanders,  when 
they  shall  give  bond  as  before  provided. 

Sec.  10.  That  a  bounty  shall  be  paid  by  the  Confederate  States 
of  $20  for  each  person  on  board  any  armed  ship  or  vessel  be 
longing  to  the  United  States  at  the  commencement  of  an  en 
gagement,  which  shall  be  burnt,  sunk,  or  destroyed  by  any  ves 
sel  commissioned  as  aforesaid,  which  shall  be  of  equal  or  in 
ferior  force,  the  same  to  be  divided  as  in  other  cases  of  prize 
money ;  and  a  bounty  of  $25  shall  be  paid  to  the  owners,  officers, 
and  crews  of  the  private  armed  vessels  commissioned  as  afore 
said  for  each  and  every  prisoner  by  them  captured  and  brought 
into  port  and  delivered  to  an  agent  authorized  to  receive  them 
in  any  port  of  the  Confederate  States;  and  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  pay  or  cause  to  be  paid  to  the 
owners,  officers,  and  crews  of  such  private  armed  vessels  com 
missioned  as  aforesaid,  or  their  agent,  the  bounties  herein  pro 
vided. 

Sec.  n.  That  the  commanding  officer  of  every  vessel  having 
a  commission  or  letters  of  marque  and  reprisal,  during  the  present 
hostilities  between  the  Confederate  States  and  the  United  States, 
shall  keep  a  regular  journal,  containing  a  true  and  exact  account 
of  his  daily  proceedings  and  transactions  with  such  vessel  and 
the  crew  thereof;  the  ports  and  places  he  shall  put  into  or  cast 
anchor  in;  the  time  of  his  stay  there  and  the  cause  thereof;  the 
prizes  he  shall  take  and  the  nature  and  probable  value  thereof; 


Provisional  Congress.  109 

the  times  and  places  when  and  where  taken,  and  in  what  manner 
he  shall  dispose  of  the  same ;  the  ships  or  vessels  he  shall  fall  in 
with;  the  times  and  places  when  and  where  he  shall  meet  with 
them,  and  his  observations  and  remarks  thereon ;  also  of  what 
ever  else  shall  occur  to  him  or  any  of  his  officers  or  marines,  or 
be  discovered  by  examination  or  conference  with  any  marines 
or  passengers  of  or  in  any  other  ships  or  vessels,  or  by  any  other 
means  touching  the  fleets,  vessels,  and  forces  of  the  United 
States,  their  ports  and  places  of  station  and  destination,  strength, 
numbers,  intents,  and  designs ;  and  such  commanding  officer 
shall,  immediately  on  his  arrival  in  any  port  of  the  Confederate 
States,  from  or  during  the  continuance  of  any  voyage  or  cruise, 
produce  his  commission  for  such  vessel,  and  deliver  up  such 
journal  so  kept  as  aforesaid,  signed  with  his  proper  name  and 
handwriting,  to  the  collector  or  other  chief  officer  of  the  customs 
at  or  nearest  to  such  port;  the  truth  of  which  journal  shall  be 
verified  by  the  oath  of  the  commanding  officer  for  the  time  be 
ing.  And  such  collector  or  other  chief  officer  of  the  customs 
shall,  immediately  on  the  arrival  of  such  vessel,  order  the  proper 
officer  of  the  customs  to  go  on  board  and  take  an  account  of  the 
officers  and  men,  the  number  and  nature  of  the  guns,  and  what 
ever  else  shall  occur  to  him  on  examination  material  to  be  known  ; 
and  no  such  vessel  shall  be  permitted  to  sail  out  of  port  again 
until  such  journal  shall  have  been  delivered  up,  and  a  certificate 
obtained  under  the  hand  of  such  collector  or  other  chief  officer 
of  the  customs  that  she  is  manned  and  armed  according  to  her 
commission ;  and  upon  delivery  of  such  certificate  any  former 
certificate  of  a  like  nature  which  shall  have  been  obtained  by  the 
commander  of  such  vessel  shall  be  delivered  up. 

Sec.  12.  That  the  commanders  of  vessels  having  letters  of 
marque  and  reprisal  as  aforesaid,  neglecting  to  keep  a  journal 
as  aforesaid,  or  willfully  making  fraudulent  entries  therein,  or 
obliterating  the  record  of  any  material  transactions  contained 
therein,  where  the  interest  of  the  Confederate  States  is  con 
cerned,  or  refusing  to  produce  and  deliver  such  journal,  com 
mission,  or  certificate,  pursuant  to  the  preceding  section  of  this 
act,  then,  and  in  such  cases,  the  commissions  or  letters  of  marque 
and  reprisal  of  such  vessels  shall  be  liable  to  be  revoked ;  and  such 
commanders,  respectively,  shall  forfeit  for  every  such  offense 


no  Messages  and  Papers  of  the  Confederacy. 

the  sum  of  $1,000,  one  moiety  thereof  to  the  use  of  the  Confed 
erate  States,  and  the  other  to  the  informer. 

Sec.  13.  That  the  owners  or  commanders  of  vessels  having  let 
ters  of  marque  and  reprisal  as  aforesaid,  who  shall  violate  any 
of  the  acts  of  Congress  for  the  collection  of  the  revenue  of  the 
Confederate  States,  and  for  the  prevention  of  smuggling,  shall 
forfeit  the  commission  or  letters  of  marque  and  reprisal,  and  they 
and  the  vessels  owned  or  commanded  by  them  shall  be  liable  to 
all  the  penalties  and  forfeitures  attaching  to  merchant  vessels  in 
like  cases. 

Sec.  14.  That  on  all  goods,  wares,  and  merchandise  captured 
and  made  good  and  lawful  prizes  of  war  by  any  private  armed 
ship  having  commission  or  letters  of  marque  and  reprisal  under 
this  act,  and  brought  into  the  Confederate  States,  there  shall  be 
allowed  a  deduction  of  33  1-3  per  cent  on  the  amount  of  duties 
imposed  by  law. 

Sec.  15.  That  5  per  centum  on  the  net  amount  (after  deducting 
all  charges  and  expenditures)  of  the  prize  money  arising  from 
captured  vessels  and  cargoes,  and  on  the  net  amount  of  the 
salvage  of  vessels  and  cargoes  recaptured  by  the  private  armed 
vessels  of  the  Confederate  States,  shall  be  secured  and  paid  over 
to  the  collector  or  other  chief  officer  of  the  customs,  at  the  port 
or  place  in  the  Confederate  States  at  which  such  captured  or  re 
captured  vessels  may  arrive,  or  to  the  consul  or  other  public 
agent  of  the  Confederate  States  residing  at  the  port  or  place  not 
within  the  Confederate  States  at  which  such  captured  or  recap 
tured  vessel  may  arrive.  And  the  moneys  arising  therefrom  shall 
be  held,  and  are  hereby  pledged  by  the  Government  of  the  Con 
federate  States  as  a  fund  for  the  support  and  maintenance  of  the 
widows  and  orphans  of  such  persons  as  may  be  slain,  and  for 
the  support  and  maintenance  of  such  persons  as  may  be  wounded 
and  disabled  on  board  of  the  private  armed  vessels  commissioned 
as  aforesaid,  in  any  engagement  with  the  enemy,  to  be  assigned 
and  distributed  in  such  manner  as  shall  hereafter  be  provided  by 
law.  HOWELL  COBB, 

President  of  the  Congress. 

Approved  May  6,  1861. 

JEFF'N  DAVIS. 


Provisional  Congress.  in 

PRESIDENT'S  INSTRUCTIONS  TO  PRIVATE  ARMED  VESSELS. 

1.  The  tenor  of  your  commission,  under  the  act  of  Congress 
entitled  "An  Act  recognizing  the  existence  of  war  between  the 
United  States  and  the  Confederate  States,  and  concerning  letters 
of  marque,  prizes,  and  prize  goods,"  a  copy  of  which  is  hereto 
annexed,  will  be  kept  constantly- in  your  view.     The  high  seas, 
referred  to  in  your  commissions,  you  will  understand  generally 
to  refer  to  low  water  mark,  but  with  the  exception  of  the  space 
within  one  league  or  three  miles  from  the  shore  of  countries  at 
peace  both  with  the  United  States  and  the  Confederate  States. 
You  may,  nevertheless,  execute  your  commission  within  that  dis 
tance  of  the  shore  of  a  nation  at  war  with  the  United  States,  and 
even  on  the  waters  within  the  jurisdiction  of  such  nation,  if  per 
mitted  to  do  so. 

2.  You  are  to  pay  the  strictest  regard  to  the  rights  of  neutral 
powers  and  the  usages  of  civilized  nations ;  and  in  all  your  pro 
ceedings  toward  neutral  vessels  you  arc  to  give  them  as  little 
molestation  or  interruption  as  will  consist  with  the  right  of  ascer 
taining  their   neutral    character  and   of   detaining   and   bringing 
them  in  for  regular  adjudication  in  the  proper  cases.     You  are 
particularly  to  avoid  even  the  appearance  of  using  force  or  se 
duction  with  a  view  to  deprive  such  vessels  of  their  crews  or  of 
their  passengers  other  than  persons  in  the  military  service  of  the 
enemy. 

3.  Toward  enemy  vessels  and  their  crews  you  are  to  proceed, 
in  exercising  the  rights  of  war,  with  all  the  justice  and  humanity 
which  characterize  this  Government  and  its  citizens. 

4.  The  master  and  one  or  more  of  the  principal  persons  belong 
ing  to  the  captured  vessels  are  to  be  sent,  as  soon  after  the  capture 
as  may  be,  to  the  judge  or  judges  of  the  proper  court  in  the  Con 
federate  States,  to  be  examined  upon  oath  touching  the  interest 
or  property  of  the  captured  vessel  and  her  lading,  and  at  the  same 
time  are  to  be  delivered  to  the  judge  or  judges  all  papers,  charter- 
parties,  bills  of  lading,  letters,  and  other  documents  and  writings 
found  on  board,  the  said  papers  to  be  proved  by  affidavit  of  the 
commander  of  the  capturing  vessel  or  some  other  person  present 
at  the  capture,  to  be  produced  as  they  were  received,  without 
fraud,  addition,  subcltiction.  or  embezzlement. 


ii2  Messages  and  Papers  of  the  Confederacy. 

5.  Property  even  of  the  enemy  is  exempt  from  seizure  on  neu 
tral  vessels,  unless  it  be  contraband  of  war.  If  goods  contraband 
of  war  are  found  on  any  neutral  vessel,  and  the  commander  there 
of  shall  offer  to  deliver  them  up,  the  offer  shall  be  accepted  and 
the  vessel  left  at  liberty  to  pursue  its  voyage,  unless  the  quantity 
of  contraband  goods  be  greater  than  can  be  conveniently  received 
on  board  your  vessel,  in  which  case  the  neutral  vessel  may  be  car 
ried  into  port  for  the  delivery  of  the  contraband  goods.  The  fol 
lowing  articles  are  deemed  by  this  Government  contraband  of  war 
as  well  as  all  others  that  are  so  declared  by  the  law  of  nations, 
viz. :  All  arms  and  implements  serving  for  the  purposes  of  war 
by  land  or  sea,  such  as  cannons,  mortars,  guns,  muskets,  rifles, 
pistols,  petards,  bombs,  grenades,  ball,  shot,  shell,  fuses,  pikes, 
swords,  bayonets,  javelins,  lances,  horse  furniture,  holsters,  belts, 
and  generally  all  other  implements  of  war.  Also,  timber  for  ship 
building,  pitch,  tar,  rosin,  copper  in  sheets,  sails,  hemp,  cordage, 
and  generally  whatever  may  serve  directly  to  the  equipment  of 
vessels,  unwrought  iron  and  planks  only  excepted.  Neutral 
vessels  conveying  enemy's  dispatches  or  military  persons  in  the 
service  of  the  enemy  forfeit  their  neutral  character,  and  are  lia 
ble  to  capture  and  condemnation.  But  this  rule  does  not  apply 
to  neutral  vessels  bearing  dispatches  from  the  public  ministers 
or  ambassadors  of  the  enemy  residing  in  neutral  countries. 

By  command  of  the  President  of  the  Confederate  States : 

ROBERT  TOOMBS,  Secretary  of  State. 


FORM  OF  BOND. 

Know  all  men  by  these  presents: 

That  we  (Note  i), ,  are  bound  to  the  Confed 
erate  States  of  America  in  the  full  sum  of  (Note  2)  thou 
sand  dollars,  to  the  payment  whereof,  well  and  truly  to  be  made, 

NOTE  i. — This  blank  must  be  filled  with  the  name  of  the  commander 
for  the  time  being  and  the  owner  or  owners,  and  at  least  two  responsible 
sureties,  not  interested  in  the  vessel. 

NOTE  2. — This  blank  must  be  filled  with  a  "five"  if  the  vessel  be  pro 
vided  only  with  150  men  or  a  less  number;  if  with  more  than  that  number, 
the  blank  must  be  filled  with  a  "ten." 


Provisional  Congress.  113 

we  bind  ourselves,  our  heirs,  executors,  and  administrators,  joint 
ly  and  severally,  by  these  presents. 

The  condition  of  this  obligation  is  such  that  whereas  applica 
tion  has  been  made  to  the  said  Confederate  States  of  America 
for  the  grant  of  a  commission  or  letter  of  marque  and  general 
reprisals,  authorizing  the  (Note  j)  -  -  or  vessel,  called  the 
— ,  to  act  as  a  private  armed  vessel  in  the  service  of  the  Con 
federate  States  on  the  high  seas  against  the  United  States  of 
America,  its  ships  and  vessels,  and  those  of  its  citizens,  during 
the  pendency  of  the  war  now  existing  between  the  said  Confed 
erate  States  and  the  said  United  States. 

Now,  if  the  owners,  officers,  and  crew  who  shall  be  employed 
on  board  of  said  vessel  when  commissioned  shall  observe  the 
laws  of  the  Confederate  States  and  the  instructions  which  shall 
be  given  them  according  to  law  for  the  regulation  of  their  con 
duct,  and  shall  satisfy  all  damages  and  injuries  which  shall  be 
done  or  committed  contrary  to  the  tenor  thereof  by  such  vessel 
during  her  commission,  and  shall  deliver  up  said  commission 
when  revoked  by  the  President  of  the  Confederate  States,  then 
this  obligation  shall  be  void,  but  otherwise  shall  remain  in  full 
force  and  effect. 

Signed,  sealed,  and  delivered  in  the  presence  of  -  — , 

on  this  —    —  day  of , . 

A.  B., 
CD., 

Witnesses.  [SEAL.] 

[SEAL.] 
[SEAL.] 
[SEAL.] 
AN  ACT 

To   AMEND   AN   ACT   ENTITLED   "Ax   ACT   RECOGNIZING    THE 
EXISTENCE  OF   WAR   BETWEEN   THE   UNITED   STATES   AND 
THE    CONFEDERATE    STATES    AND    CONCERNING    LET 
TERS   OF   MARQUE,   PRIZES,   AND    PRIZE   GOODS. 
APPROVED   MAY  6,    1861." 

The  Congress  of  the  Confederate  States  [of  America]  do  en 
act,  That  the  tenth  section  of  the  above  entitled  act  be  so  amend- 

NOTE  3. — This  blank  must  be  filled  with   the  character  of  the  vessel — 
"ship,"  "brig."  "schopner."  "steamer."  etc. 
8 


114  Messages  and  Papers  of  the  Confederacy. 

ed  that,  in  addition  to  the  bounty  therein  mentioned,  the  Govern 
ment  of  the  Confederate  States  will  pay  to  the  cruiser  or  cruiser 
of  any  private  armed  vessel  commissioned  under  said  act  20  pe 
centum  on  the  value  of  each  and  every  vessel  of  war  belonging 
to  the  enemy  that  may  be  sunk  or  destroyed  by  such  privat< 
armed  vessel  or  vessels,  the  value  of  the  armament  to  be  in 
eluded  in  the  estimate;  the  valuation  to  be  made  by  a  board  o 
naval  officers  appointed  and  their  award  to  be  approved  by  th< 
President,  and  the  amount  found  to  be  due  to  be  payable  in  i 
per  cent  bonds  of  the  Confederate  States. 

Sec.  2.  That  if  any  person  who  may  have  invented  or  may  here 
after  invent  any  new  kind  of  armed  vessel,  or  floating  battery 
or  defense,  shall  deposit  a  plan  of  the  same,  accompanied  b} 
suitable  explanations  or  specifications,  in  the  Navy  Department 
together  with  an  affidavit  setting  forth  that  he  is  the  inventoi 
thereof,  such  deposit  and  affidavit  (unless  the  facts  set  fortl 
therein  shall  be  disproved)  shall  entitle  such  inventor  or  his  as 
signs  to  the  sole  and  exclusive  enjoyment  of  the  rights  and  priv 
ileges  conferred  by  this  act,  reserving,  however,  to  the  Govern 
ment,  in  all  cases,  the  right  of  using  such  invention. 

Approved  May  21,  1861. 

RESOLUTION  OF  THANKS. 

Be  it  unanimously  resolved  by  the  Congress  of  the  Confederate 
States  of  America,  That  the  thanks  of  the  people  of  the  Confed 
erate  States  are  due,  and  through  this  Congress  are  hereby  ten 
dered,  to  Brigadier  General  P.  G.  T.  Beauregard  and  the  officers, 
military  and  naval,  under  his  command,  and  to  the  gallant  troops 
of  the  State  of  South  Carolina  for  the  skill,  fortitude,  and 
courage  by  which  they  reduced  and  caused  the  surrender  of 
Fort  Sumter,  in  the  harbor  of  Charleston,  on  the  twelfth  and 
thirteenth  days  of  April,  eighteen  hundred  and  sixty-one.  And 
the  commendation  of  Congress  is  also  hereby  declared  of  the 
generosity  manifested  by  their  conduct  toward  a  brave  and  van 
quished  foe. 

Be  it  further  resolved,  That  a  copy  of  this  resolution  be  com 
municated  by  the  President  to  General  Beauregard.  and  through 
him  to  the  army  then  under  his  command. 

Approved  May  4,  1861. 


Provisional  Congress.  115 


LETTER   OF  PRESIDENT   DAVIS   TO   PRESIDENT 
LINCOLN. 

RICHMOND,  July  6,  1861. 

To  Abraham  Lincoln,   President   and   Commander   in   Chief  of  the   Army 
and  Navy  of  the  United  States. 

Sir:  Having  learned  that  the  schooner  Savannah,  a  private 
armed  vessel  in  the  service,  and  sailing  under  a  commission  is 
sued  by  authority  of  the  Confederate  States  of  America,  had  been 
captured  by  one  of  the  vessels  forming  the  blockading  squadron 
off  Charleston  harbor,  I  directed  a  proposition  to  be  made  to  the 
officer  commanding  that  squadron  for  an  exchange  of  the  officers 
and  crew  of  the  Savannah  for  prisoners  of  war  held  by  this  Gov 
ernment  "according  to  number  and  rank."  To  this  proposition, 
made  on  the  iQth  tilt.,  Captain  Mercer,  the  officer  in  command 
of  the  blockading  squadron,  made  answer  on  the  same  day  that 
"the  prisoners  (referred  to)  are  not  on  board  of  any  of  the  vessels 
under  my  command." 

It  now  appears  by  statements  made  without  contradiction  in 
newspapers  published  in  New  York,  that  the  prisoners  above 
mentioned  were  conveyed  to  that  city,  and  have  there  been  treat 
ed  not  as  prisoners  of  war,  but  as  criminals ;  that  they  have  been 
put  in  irons,  confined  in  jail,  brought  before  the  courts  of  justice 
on  charges  of  piracy  and  treason,  and  it  is  even  rumored  that  they 
have  been  actually  convicted  of  the  offenses  charged,  for  no 
other  reason  than  that  they  bore  arms  in  defense  of  the  rights 
of  this  Government  and  under  the  authority  of  its  commission. 

I  could  not.  without  grave  discourtesy,  have  made  the  news 
paper  statements  above  referred  to  the  subject  of  this  communica 
tion,  if  the  threat  of  treating  as  pirates  the  citizens  of  this  Con 
federacy,  armed  for  service  on  the  high  seas,  had  not  been  con 
tained  in  your  proclamation  of  the April  last.  That  procla 
mation,  however,  seems  to  afford  a  sufficient  justification  for 
considering  these  published  statements  as  not  devoid  of  proba 
bility. 

It  is  the  desire  of  this  Government  so  to  conduct  the  war  now 
existing  as  to  mitigate  its  horrors  as  far  as  may  be  possible  ;  and. 


n6  Messages  and  Papers  of  the  Confederacy. 

with  this  intent,  its  treatment  of  the  prisoners  captured  by  its 
forces  has  been  marked  by  the  greatest  humanity  and  leniency 
consistent  with  public  obligations;  some  have  been  permitted 
to  return  home  on  parole,  others  to  remain  at  large  under  sim 
ilar  conditions  within  this  Confederacy,  and  all  have  been  fur 
nished  with  rations  for  their  subsistence,  such  as  are  allowed  to 
our  own  troops.  It  is  only  since  the  news  has  been  received  of 
the  treatment  of  the  prisoners  taken  on  the  Savannah  that  I 
have  been  compelled  to  withdraw  these  indulgencies,  and  to  hold 
the  prisoners  taken  by  us  in  strict  confinement. 

A  just  regard  to  humanity  and  to  the  honor  of  this  Govern 
ment  now  requires  me  to  state  explicitly  that,  painful  as  will  be 
the  necessity,  this  Government  will  deal  out  to  the  prisoners  held 
by  it  the  same  treatment  and  the  same  fate  as  shall  be  experi 
enced  by  those  captured  on  the  Savannah,  and  if  driven  to  the 
terrible  necessity  of  retaliation  by  your  execution  of  any  of  the 
officers  or  the  crew  of  the  Savannah,  that  retaliation  will  be  ex 
tended  so  far  as  shall  be  requisite  to  secure  the  abandonment  of 
a  practice  unknown  to  the  warfare  of  civilized  man,  and  so  bar 
barous  as  to  disgrace  the  nation  which  shall  be  guilty  of  in 
augurating  it. 

With  this  view,  and  because  it  may  not  have  reached  you,  I 
now  renew  the  proposition  made  to  the  commander  of  the  block 
ading  squadron  to  exchange  for  the  prisoners  taken  on  the  Sa 
vannah,  an  equal  number  of  those  now  held  by  us,  according  to 
rank.  I  am  yours,  etc.,  JEFFERSON  DAVIS, 

President  and  Commander  in  Chief  of  the  Army  and  Navy  of  the  Con 
federate  States. 


Provisional  Congress.  irj 

THIRD  SESSION. 

MET    AT     RICHMOND,     VA.,     JULY     2O,     l86l.      ADJOURNED 
AUGUST  31,   1 86 1. 

MESSAGES. 

To  the   Congress   of  the   Confederate   States   of   America. 

Gentlemen:  My  message,*  addressed  to  you  at  the  commence 
ment  of  the  session,  contained  such  full  information  of  the 
state  of  the  Confederacy  as  to  render  it  unnecessary  that  I  should 
now  do  more  than  call  your  attention  to  such  important  facts  as 
have  occurred  during  the  recess,  and  to  matters  connected  with 
the  public  defense. 

I  have  again  to  congratulate  you  on  the  accession  of  new  mem 
bers  to  our  confederation  of  free,  equal,  and  sovereign  States, 
Our  loved  and  honored  brethren  of  North  Carolina  and  Ten 
nessee  have  consummated  the  action,  foreseen  and  provided  for  at 
your  last  session,  and  I  have  had  the  gratification  of  announcing, 
by  proclamation,  in  conformity  with  law,  that  those  States  were 
admitted  into  the  Confederacy. 

The  people  of  Virginia  also,  by  a  majority  previously  unknown 
in  her  history,  have  ratified  the  action  of  her  Convention,  uniting 
her  fortunes  with  ours.  The  States  of  Arkansas,  North  Carolina, 
and  Virginia  have  likewise  adopted  the  permanent  Constitution 
of  the  Confederate  States,  and  no  doubt  is  entertained  of  its 
adoption  by  Tennessee  at  the  election  to  be  held  early  next  month.' 

I  deemed  it  advisable  to  direct  the  removal  of  the  several  Ex 
ecutive  Departments,  with  their  archives,  to  this  city,  to  which 
you  had  removed  the  seat  of  government,  immediately  after 
your  adjournment.  The  aggressive  movements  of  the  enemy  re 
quired  prompt  and  energetic  action.  The  accumulation  of  his 
forces  on  the  Potomac  sufficiently  demonstrated  that  his  efforts 
were  to  be  directed  against  Virginia  ;  and  from  no  point  could 
the  necessary  measures  for  her  defense  and  protection  be  so  ef 
ficiently  protected  as  from  her  own  capital. 

The  rapid  progress  of  events  for  the  last  few  weeks  has  fully- 
sufficed  to  strip  the  veil  behind  which  the  true  policy  and  pur- 

*Page  63. 


n8  Messages  and  Papers  of  the  Confederacy. 

poses  of  the  Government  of  the  United  States  had  been  pre 
viously  concealed ;  their  odious  features  now  stand  fully  revealed ; 
the  message  of  their  President  and  the  action  of  their  Congress 
during  the  present  month  confess  the  intention  of  subjugating 
these  States  by  war,  whose  folly  is  equaled  by  its  wickedness;  a 
war  by  which  it  is  impossible  to  attain  the  proposed  result,  whilst 
its  dire  calamities,  not  to  be  avoided  by  us,  will  fall  with  double 
severity  on  themselves. 

Commencing  in  March  last,  with  an  affectation  of  ignoring  the 
secession  of  the  seven  States  which  first  organized  this  Govern 
ment;  persisting  in  April  in  the  idle  and  absurd  assumption  of 
the  existence  of  a  riot  which  was  to  be  dispersed  by  a  posse 
comitatus;  continuing  in  successive  months  the  false  representa 
tion  that  these  States  intended  offensive  war,  in  spite  of  the  con 
clusive  evidence  to  the  contrary,  furnished  as  well  by  official 
action  as  by  the  very  basis  on  which  this  Government  is  con 
stituted,  the  President  of  the  United  States  and  his  advisers  suc 
ceeded  in  deceiving  the  people  of  those  States  into  the  belief  that 
the  purpose  of  this  Government  was  not  peace  at  home,  but  con 
quest  abroad;  not  the  defense  of  its  own  liberties,  but  the  sub 
version  of  those  of  the  people  of  the  United  States. 

The  series  of  maneuvers  by  which  this  impression  was  cre 
ated  :  the  art  with  which  they  were  devised,  and  the  perfidy  with 
which  they  were  executed,  were  already  known  to  you;  but  you 
could  scarcely  have  supposed  that  they  would  be  openly  avowed, 
and  their  success  made  the  subject  of  boast  and  self-laudation 
in  an  executive  message.  Fortunately  for  the  truth  of  history, 
however,  the  President  of  the  United  States  details  with  minute 
ness  the  attempt  to  reen force  Fort  Pickens,  in  violation  of  an 
armistice  of  which  he  confesses  to  have  been  informed,  but  "only 
by  rumors  too  vague  and  uncertain  to  fix  attention ;"  the  hostile 
expedition  dispatched  to  supply  Fort  Sumter,  admitted  to  have 
been  undertaken  with  a  knowledge  that  its  success  was  impossi 
ble;  the  sending  of  notice  to  the  Governor  of  South  Carolina  of 
his  intention  to  use  force  to  accomplish  his  object;  and  then, 
quoting  from  his  inaugural  address  the  assurance  that  there 
could  be  no  conflict  unless  these  States  were  the  aggressors,  he 
proceeds  to  declare  that  his  conduct,  as  just  related  by  himself, 
was  a  performance  of  this  promise,  "so  free  from  the  power  of 


Provisional  Congress.  119 

ingenious  sophistry  as  that  the  world  should  not  be  able  to  mis 
understand  it;"  and  in  defiance  of  his  own  statement  that  he  gave 
notice  of  the  approach  of  a  hostile  fleet,  he  charges  these  States 
with  becoming  the  assailants  of  the  United  States,  "without  a 
gun  in  sight  or  in  expectancy  to  return  their  fire,  save  only  the 
few  in  the  fort."  He  is  indeed  full)  justified  in  saying  that  the 
case  "is  so  free  from  the  power  of  ingenious  sophistry  that  the 
world  will  not  be  able  to  misunderstand  it." 

Under  cover  of  this  unfounded  pretense  that  the  Confederate 
States  arc  the  assailants,  that  high  functionary,  after  expressing 
his  concern  that  some  foreign  nations  "had  so  shaped  their 
action  as  if  they  supposed  the  early  destruction  of  our  National 
Union  was  probable,"  abandons  all  further  disguise,  and  pro 
poses  "to  make  this  contest  a  short  and  decisive  one,"  by  placing 
at  the  control  of  the  Government  for  the  work  at  least  400,000 
men  and  $400,000,000.  The  Congress,  concurring  in  the  doubt 
thus  intimated  as  to  the  sufficiency  of  the  force  demanded,  has 
increased  it  to  half  a  million  of  men.  These  enormous  prepara 
tions  in  men  and  money,  for  the  conduct  of  a  war  on  a  scale  more 
gigantic  than  any  which  the  new  world  has  ever  witnessed,  is 
a  distinct  avowal,  in  the  eyes  of  civilized  man,  that  the  United 
States  are  engaged  in  a  conflict  with  a  great  and  powerful  na 
tion  ;  they  are  at  last  compelled  to  abandon  the  pretense  of  being 
engaged  in  dispersing  rioters  and  suppressing  insurrections; 
and  are  driven  to  the  acknowledgment  that  the  ancient  Union 
has  been  dissolved.  They  recognize  the  separate  existence  of 
these  Confederate  States,  by  the  interdiction,  embargo,  and  block 
ade  of  all  commerce  between  them  and  the  United  States,  not 
only  by  sea,  but  by  land ;  not  only  in  ships,  but  in  rail  cars ;  not 
only  with  those  who  bear  arms,  but  with  the  entire  population  of 
the  Confederate  States.  Finally,  they  have  repudiated  the  fool 
ish  conceit  that  the  inhabitants  of  this  Confederacy  arc  still  cit 
izens  of  the  United  States,  for  they  are  waging  an  indiscriminate 
war  upon  them  all,  with  a  savage  ferocity  unknown  to  modern 
civilization.  In  this  war,  rapine  is  the  rule;. private  residences, 
in  peaceful  rural  retreats,  are  bombarded  and  burnt ;  grain  crops 
in  the  field  are  consumed  by  the  torch ;  and  when  the  torch  is  not 
convenient,  careful  labor  is  bestowed  to  render  complete  the  de 
struction  of  every  article  of  use  or  ornament  remaining  in  private 


I2O  Messages  and  Papers  of  the  Confederacy. 

dwellings,  after  their  inhabitants  have  fled  from  the  outrages  of 
a  brutal  soldiery. 

In  1781  Great  Britain,  when  invading  her  revolted  colonies, 
took  possession  of  the  very  district  of  country  near  Fortress  Mon 
roe,  now  occupied  by  troops  of  the  United  States.  The  houses 
then  inhabited  by  the  people,  after  being  respected  and  protected 
by  avowed  invaders,  are  now  pillaged  and  destroyed  by  men  who 
pretend  that  the  victims  are  their  fellow-citizens. 

Mankind  will  shudder  to  hear  the  tales  of  outrages  committed 
on  defenseless  females  by  soldiers  of  the  United  States  now  in 
vading  our  homes;  yet  these  outrages  are  prompted  by  inflamed 
passions  and  the  madness  of  intoxication.  But  who  shall  depict 
the  horror  with  which  they  will  regard  the  cool  and  deliberate 
malignity  which,  under  pretext  of  suppressing  an  insurrection, 
said  by  themselves  to  be  upheld  by  a  minority  only  of  our  people, 
makes  special  war  on  the  sick,  including  the  women  and  the  chil 
dren,  by  carefully  devised  measures  to  prevent  their  obtaining  the 
medicines  necessary  for  their  cure.  The  sacred  claims  of  human 
ity,  respected  even  during  the  fury  of  actual  battle,  by  careful  di 
version  of  attack  from  the  hospitals  containing  wounded  enemies, 
are  outraged  in  cold  blood  by  a  government  and  people  that  pre 
tend  to  desire  a  continuance  of  fraternal  connections. 

All  these  outrages  must  remain  unavenged,  save  by  the  uni 
versal  reprobation  of  mankind,  in  all  cases  where  the  actual  per 
petrators  of  the  wrongs  escape  capture.  They  admit  of  no  re 
taliation.  The  humanity  of  our  people  would  shrink  instinctively 
from  the  bare  idea  of  waging  a  like  war  upon  the  sick,  the  wom 
en,  and  the  children  of  the  enemy. 

But  there  are  other  savage  practices  which  have  been  resorted  to 
by  the  Government  of  the  United  States,  which  do  admit  of  repres 
sion  by  retaliation.  I  have  been  driven  to  the  necessity  of  en 
forcing  this  repression.  The  prisoners  of  war  taken  by  the  enemy 
on  board  the  armed  schooner  Savannah,  sailing  under  our  com 
mission,  were,  as  I  was  credibly  advised,  treated  like  common 
felons;  put  in  ir<5ns;  confined  in  a  jail  usually  appropriated  to 
criminals  of  the  worst  dye,  and  threatened  with  punishment  as 
such.  I  had  made  an  application  for  the  exchange  of  these  pris 
oners,  to  the  commanding  officer  of  the  enemy's  squadron  off 
Charleston  harbor,  but  that  officer  had  already  sent  the  prisoners 


Provisional  Congress.  121 

to  New  York  when  the  application  was  made.  I,  therefore,  deemed 
it  my  duty  to  renew  the  proposal  for  the  exchange,  to  the  con 
stitutional  Commander  in  Chief  of  the  Army  and  Navy  of  the 
United  States,  the  only  officer  having  control  of  the  prisoners. 
To  this  end  I  dispatched  an  officer  to  him,  under  a  flag  of  truce ; 
and,  in  making  the  proposal,  I  informed  President  Lincoln  of  my 
resolute  purpose  to  check  all  barbarities  on  prisoners  of  war,  by 
such  severity  of  retaliation  on  the  prisoners  held  by  us  as  should 
secure  the  abandonment  of  the  practice. 

This  communication  was  received  and  read  by  the  officer  in 
command  of  the  Army  of  the  United  States,  and  a  message  was 
brought  from  him,  by  the  bearer  of  my  communication,  that  a 
reply  would  be  returned  by  President  Lincoln  as  soon  as  possible. 
I  earnestly  hope  that  this  promised  reply,  which  has  not  yet  been 
received,  will  convey  the  assurance  that  prisoners  of  war  will  be 
treated,  in  this  unhappy  contest,  with  that  regard  to  humanity 
which  has  made  such  conspicuous  progress  in  the  conduct  of 
modern  warfare.  As  a  measure  of  precaution,  however,  and 
until  the  promised  reply  is  received,  I  still  retain  in  close  custody 
some  officers  captured  from  the  enemy,  whom  it  had  been  my 
pleasure  previously  to  enlarge  on  parole,  and  whose  fate  must 
necessarily  depend  on  that  of  the  prisoners  held  by  the  enemy. 

I  append  a  copy  of  my  communication*  to  the  President  and 
Commander  in  Chief  of  the  Army  and  Navy  of  the  United  States, 
and  of  the  report  of  the  officer  charged  to  deliver  it,  marked 
Doc.  A. 

There  are  some  other  passages  in  the  remarkable  paper  to 
which  I  have  directed  your  attention,  having  reference  to  the 
peculiar  relations  which  exist  between  this  Government  and  the 
States  usually  termed  the  border  slave  States,  which  cannot 
properly  be  withheld  from  notice. 

The  hearts  of  our  people  are  animated  by  sentiments  toward 
the  inhabitants  of  these  States,  which  found  expression  in  your 
enactment  refusing  to  consider  them  as  enemies,  or  to  authorize 
hostilities  against  them.  That  a  very  large  portion  of  the  people 
of  those  States  regard  us  as  brethren;  that  if  unrestrained  by  the 
actual  presence  of  large  armies,  the  subversion  of  civil  authority 

*See   page    115. 


124  Messages  and  Papers  of  the  Confederacy. 

to  meet  the  threatened  invasion  in  whatever  proportions  it  may 
assume ;  the  assurance  that  their  sacrifices  and  their  services  wil) 
be  renewed  from  year  to  year  with  unfaltering  purpose,  until  they 
have  made  good  to  the  uttermost  their  right  to  self-government; 
the  generous  and  almost  unquestioning  confidence  which  they 
display  in  their  Government  during  the  pending  struggle — all 
combine  to  present  a  spectacle  such  as  the  world  has  rarely,  if 
ever,  seen. 

To  speak  of  subjugating  such  a  people,  so  united  and  deter 
mined,  is  to  speak  a  language  incomprehensible  to  them.  To  re 
sist  attacks  on  their  rights  or  their  liberties  is  with  them  an  in 
stinct.  Whether  this  war  shall  last  one,  or  three,  or  five  years, 
is  a  problem  they  leave  to  be  solved  by  the  enemy  alone ;  it  will 
last  till  the  enemy  shall  have  withdrawn  from  their  borders — till 
their  political  rights,  their  altars,  and  their  homes  are  freed  from 
invasion.  Then,  and  then  only,  will  they  rest  from  this  struggle 
to  enjoy  in  peace  the  blessings  which  with  the  favor  of  Providence 
they  have  secured  by  the  aid  of  their  own  strong  hearts  and 
sturdy  arms.  JEFFERSON  DAVIS. 

Richmond,  July  20,  1861. 

DISPATCH  OF  PRESIDENT  DAVIS  TO  THE 
CONGRESS. 

Soon  after  prayer  in  the  Confederate  Congress,  on  the  morn 
ing  of  the  22d,*  the  following  dispatch  was  read  to  that  body : 

MANASSAS  JUNCTION,  Sunday  night  [July  21,  1861]. 

Night  has  closed  upon  a  hard-fought  field.  Our  forces  were 
victorious.  The  enemy  was  routed,  and  fled  precipitately,  aban 
doning  a  large  amount  of  arms,  ammunition,  knapsacks,  and 
baggage.  The  ground  was  strewed  for  miles  with  those  killed, 
and  the  farmhouses  and  the  ground  around  were  filled  with 
wounded. 

Pursuit  was  continued  along  several  routes  toward  Leesburg 
and  Centerville  until  darkness  covered  the  fugitives.  We  have 
captured  several  field  batteries,  stands  of  arms,  and  Union  and 
State  flags.  Many  prisoners  have  been  taken.  Too  high  praise 

*JuIy,  1861. 


Provisional  Congress.  125 

cannot  be  bestowed,  whether  for  the  skill  of  the  principal  officers 
or  for  the  gallantry  of  all  of  our  troops.  The  battle  was  mainly 
fought  on  our  left.  Our  force  was  15,000:  that  of  the  enemy 
estimated  at  35,000.  JEFFERSON  DAVIS. 


RICHMOND.  July  30.  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress.  C.   S.  A. 

Sir:  I  have  the  honor  to  acknowledge  the  resolution  of  inquiry 
of  this  date  in  relation  to  hostile  preparations  for  the  descent  of  the 
river  Mississippi,  and  whether  preparations  for  defense  against 
such  threatened  attack  have  been  made,  with  advice  as  to  the 
mode  of  adopting  a  plan  for  that  purpose,  and  in  reply  have  to 
state  that  the  only  information  I  have  in  relation  to  the  described 
preparations  for  descent  is  derived  from  public  newspapers  and 
rumors ;  they  had,  however,  such  stamp  of  credibility  as  to  induce 
to  measures  to  repel  the  attack  if  attempted.  Estimates  have 
"been  prepared  by  the  Secretary  of  the  Xavy  for  means  described 
in  the  accompanying  report,  and  which,  in  conjunction  with  the 
land  batteries  constructed  and  others  devised,  will,  it  is  hoped, 
be  adequate  for  the  need.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 

RICHMOND.  July  31.  1861. 
Hon.  Howell  Cobb,   President  of  the  Congress. 

Sir:  In  accordance  with  a  resolution  of  the  Congress  adopted 
on  the  2Qth  inst,  I  herewith  transmit  a  copy  of  the  report*  of 
Lieut.  Col.  James  H.  Burton,  in  charge  of  Ya.  Ord.  to  Maj.  J. 
Gorgas.  Chief  of  Ordnance.  JEFFERSON  DAVIS. 

RICHMOND,  August  i.  1861. 
Hon.  Howell  Cobb,  President  of  Congress  of  Confederate  States. 

Sir:  I  have  the  honor  to  acknowledge  the  resolution  of  inquiry 
of  this  date  in  relation  to  the  commissariat  of  the  Confederate 
States,  and  to  reply  that  its  condition  is,  in  my  judgment,  quite 

*Relating  to  the  use  of  the  machinery  for  the  manufacture  of  muskets, 
removed  from  Harpers  Ferry. 


126  Messages  and  Papers  of  the  Confederacy. 

as  good  as  was  reasonable  to  expect.  The  occupation  of  the  rail 
roads  in  the  transportation  of  troops  and  munitions  of  war  has 
interfered  with  the  collection  of  the  desired  supply  of  bacon,  but 
no  complaint  of  insufficiency  of  rations  has  reached  me  until  within 
a  few  days  past.  I  have  been  informed  of  a  failure  of  issues  to 
troops  at  Manassas;  the  chief  commissary  there  has  communi 
cated  to  me  that  the  failure  was  restricted  to  the  articles  of  hard 
bread  and  bacon.  As  this,  however,  was  not  consistent  with  the 
complaint  made,  inquiries  have  been  instituted  as  well  to  remedy 
any  existing  irregularities  as  to  prevent  such  occurrence  in  future. 

JEFF'N  DAVIS. 


RICHMOND,  August  3,  1861. 
To  the  President  of  Congress  of  Confederate  States. 

Sir:  I  have  reliable  information  that  a  considerable  force  of 
Missourians  now  cooperating  with  our  troops  near  the  northern 
frontier  of  Arkansas  are  destitute  of  the  supplies  necessary  to 
their  efficiency,  and  that  the  enemy  have  such  power  within  the 
limits  of  the  State  as  to  deprive  its  Government  of  the  capacity 
to  give  to  said  force  the  necessary  relief.  Under  these  circum 
stances  I  recommend  the  enactment  of  a  law  appropriating,  say 
one  million  of  dollars,  to  supply  the  Missourians  who  are  or  may 
be  cooperating  with  us  with  such  clothing,  subsistence,  arms,  and 
ammunition  as  may  be  necessary  for  them,  and  which  it  may  be 
practicable  to  furnish.  The  same  to  be  supplied  under  such  regu 
lations  as  Congress  may  determine.  JEFF'N  DAVIS. 


EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  8,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  the  inclosed  commu 
nication  from  the  Hon.  Secretary  of  War,  recommending  certain 
appropriations  therein  mentioned.  JEFFERSON  DAVIS. 


Provisional  Congress.  127 

EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  10,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  communication  from 
the  Hon.  Secretary  of  War,  asking  for  an  appropriation,  herein 
named,  for  the  support  of  the  military  hospitals. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  15,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  communication  from 
the  Hon.  Secretary  of  War,  asking  for  an  appropriation  of  one 
hundred  and  thirty  thousand  dollars  to  provide  for  cooks  and 
nurses  to  minister  to  the  sick  and  wounded  of  the  Army. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
CONFEDERATE  STATES  OF  AMERICA, 

RICHMOND,  August  17,  1861. 
The  Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  In  reply  to  the  resolution  of  Congress  of  the  1 5th  inst., 
calling  upon  me  to  furnish  that  body  with  the  official  reports  of 
the  various  battles  fought  by  our  armies  since  its  last  adjourn 
ment,  I  have  the  honor  herewith  to  submit  the  report  of  the  Sec 
retary  of  War  concerning  your  resolution. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  21,  1861. 

Hon.  Howell  Cobb,  President  of  the  Congress.* 

Sir:  In  response  to  the  resolution  of  the  Congress  of  August 
17,  1861,  I  herewith  transmit  all  the  official  information  f  whicn 
I  have  in  relation  to  the  subject  of  inquiry.  Letters  of  an  un- 

*See  also  message  of  August  23,  1861,  page  128. 

t  Relative  to  the  hanging  of  two  sentinels  of  the  South  Carolina  troops 
by  Federal  forces,  and  treatment  of  Confederate  prisoners  by  Federal  au 
thorities. 


128  Messages  and  Papers  of  the  Confederacy. 

official  character  have  been  received,  and  though  not  entirely  ac 
cordant  in  their  statements,  the  general  tenor  has  shown  that  the 
treatment  received  by  our  fellow-citizens,  whether  prisoners  of 
war  or  captives  taken  from  their  homes,  has  not  been  such  as  the 
usage  of  the  most  civilized  nations  prescribes. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  22.  1861. 

Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  the  inclosed  estimate 
of  the  Hon.  Postmaster  General  for  the  service  of  his  Department 
for  the  year  ending  February  18,  1862,  with  an  accompanying 
explanation.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  August  23,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress.* 

Sir:  In  response  to  the  resolution  of  the  Congress  of  the  22d 
inst,  I  herewith  transmit  the  inclosed  communication!  from  the 
Hon.  Secretary  of  War.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  August  28,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  I  hereby  nominate,  for  the  advice  and  consent  of  the  Con 
gress,  the  Hon.  James  M.  Mason,  of  Virginia,  to  be  Commission 
er  to  England,  and  the  Hon.  John  Slidell,  of  Louisiana,  to  be 
Commissioner  to  France.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 

RICHMOND,  August  30,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  The  Congress  having  passed  an  act  to  aid  the  people  of 
Kentucky  in  repelling  an  invasion  or  occupation  of  their  soil  by 

*See  also  message  of  August  21,  1861,  page  127. 

t  Relative  to  the  hanging  of  two  sentinels  of  the  South  Carolina  troops 
by  Federal  forces. 


Provisional  Congress.  129 

the  armed  forces  of  the  United  States  I  would  recommend  that 
an  appropriation  of  one  million  of  dollars  be  made  for  the  pur 
pose  of  carrying  into  effect  the  object  of  said  act. 

JEFFERSON  DAVIS. 

RICHMOND,  August  31,  1861. 

Hon.  Howell  Cobb,  President  of  the  Congress. 

Sir:  The  resolution  of  the  Congress  of  this  date,  calling  for  all 
the  information  in  my  possession  in  relation  to  the  landing  of  the 
Federal  troops  upon  the  coast  of  North  Carolina,  and  inquiring 
what  steps,  if  any,  have  been  taken  to  repel  the  invasion,  and  to 
put  the  coast  in  a  state  of  defense,  has  just  been  received ;  and  I 
have  to  reply  that  no  official  report  of  the  occurrence  has  been  re 
ceived.  I  transmit  copies  of  the  telegrams*  which  contain  all  the 
information  which  has  been  received  by  the  Executive  Depart 
ment. 

Preparations  to  put  the  coast  of  the  State  of  North  Carolina 
in  a  proper  condition  for  defense  are  still  in  progress,  and  will 
receive  such  additional  attention  as  this  occasion  indicates  to  be 
necessary.  It  is  not  deemed  consistent  with  the  public  interest 
further  to  state  the  movements  of  troops  which,  in  this  connec 
tion,  have  been  ordered  and  are  in  contemplation. 

JEFFERSON  DAVIS. 

RICHMOND,  August  31,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  nominate  the  officers  on  the  accompanying  list  to  be  Gen 
erals  in  the  Army  of  the  Confederate  States,  to  take  rank  accord 
ing  to  the  dates  set  opposite  to  their  names,  respectively,  agree 
ably  to  the  recommendation  of  the  Secretary  of  War. 

JEFFERSON  DAVIS. 

Sam'l  Cooper,  to  date  from  i6th  May,  1861. 

Albert  S.  Johnston,f  to  date  from  3Oth  May,  1861. 

Robt.  E.  Lee,  to  date  from  I4th  June,  1861. 

Joseph  E.  Johnston,  to  date  from  4th  July,  1861. 

G.  T.  Beauregard,  to  date  from  2ist  July,  1861. 

*  Relative  to  the  capture  of  Hatteras  Inlet. 
tKilled  in  battle  of  Shiloh,  April  6,  1862. 

9 


130          Messages  and  Papers  of  the  Confederacy. 

VETO  MESSAGE. 

To  the  Congress. 

Gentlemen:  I  have  had  under  consideration  the  bill  entitled 
"An  Act  to  authorize  the  appointment  of  an  additional  Assistant 
Surgeon  to  each  regiment  in  the  Army  of  the  Confederate  States," 
and  feel  so  well  convinced  that  the  expenditure  which  it  requires 
is  unnecessary,  and  that  the  means  can  ill  be  spared  in  the  pres 
ent  condition  of  the  Treasury,  that  I  am  reluctantly  compelled  to 
return  it  for  your  reconsideration. 

The  medical  and  surgical  force  already  provided  by  law,  in 
cluding  the  provision  recently  made  for  surgeons  for  hospitals, 
will  require  an  expenditure  of  about  two  millions  and  a  half  of 
dollars.  Power  is  already  vested  in  me  to  employ  temporarily 
the  aid  of  physicians  in  hospitals,  and  you  have  appropriated 
$50,000  for  that  purpose.  Discretion  is  also  given  to  the  Secre 
tary  of  War,  by  the  act  of  26th  February,  1861,  to  appoint  as 
many  assistant  surgeons  as  the  service  may  require ;  and  the  leg 
islation  on  the  entire  subject  is  on  the  most  liberal  scale* 

Yet  the  act  now  presented  leaves  me  no  discretion  to  limit  the 
number  of  the  additional  assistant  surgeons  to  be  appointed.  It 
orders  an  additional  officer  to  the  medical  staff  of  each  regiment, 
whether  wanted  or  not ;  and  thus  requires  an  additional  annual 
expenditure  of  seven  hundred  and  thirty-two  thousand  dollars 
($732,000). 

I  am  aware  that  there  have  been  causes  of  complaint  in  relation 
to  neglect  of  our  sick  and  wounded  soldiers ;  but  this,  it  is  believed, 
arises  not  so  much  from  an  insufficiency  in  the  number  of  the 
surgeons  and  assistant  surgeons  as  from  inattention  or  want  of 
qualification,  and  I  am  endeavqring  to  apply  the  proper  remedy 
by  organizing  a  board  of  examiners,  so  as  to  ascertain  who  are 
the  officers  really  to  blame,  and  replace  them  by  others  more  com 
petent  and  efficient.  I  feel  confident  that,  by  this  course,  ample 
medical  assistance  would  be  secured  for  the  troops  without  further 
expenditure.  The  surgeons  and  assistant  surgeons,  heretofore 
appointed,  have  in  most  instances  received  their  commissions  in 
consequence  of  the  recommendations  of  the  officers  of  the  regi 
ments  to  which  they  are  attached.  This  was  almost  the  only 
means  of  making  selections  in  the  sudden  emergencies  of  the  war, 


Provisional  Congress.  131 

and  experience  has  suggested  that  many  of  the  officers  so  ap 
pointed  are  unequal  to  the  duties  of  their  stations. 

For  these  reasons,  I  hope  that  when  you  take  the  subject  into 
reconsideration,  you  will  be  able  to  concur  with  me  in  the  opinion 
that  this  additional  expenditure  can  be  avoided,  and  that  there 
is  no  necessity  for  the  passage  of  the  bill.  JEFFERSON  DAVIS. 

[Received  August  22,  1861.] 


PROCLAMATIONS. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  the  Congress  of  the  Confederate  States  of  America 
did  by  an  act  approved  on  the  8th  day  of  August,  1861,  entitled 
"An  Act  respecting  alien  enemies,"  make  provision  that  procla 
mation  should  be  issued  by  the  President  in  relation  to  alien  ene 
mies,  and  in  conformity  with  the  provision  of  said  act : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States  of  America,  do  issue  this  my  proclamation ;  and  I  do 
hereby  warn  and  require  every  male  citizen  of  the  United  States  of 
the  age  of  fourteen  years  and  upward  now  within  the  Confederate 
States  and  adhering  to  the  Government  of  the  United  States  and 
acknowledging  the  authority  of  the  same,  and  not  being  a  citizen 
of  the  Confederate  States,  to  depart  from  the  Confederate  States 
within  forty  days  from  the  date  of  this  proclamation.  And  I  do 
warn  all  persons  above  described  who  shall  remain  within  the 
Confederate  States  after  the  expiration  of  said  period  of  forty 
days  that  they  will  be  treated  as  alien  enemies. 

Provided,  however,  That  this  proclamation  shall  not  be  con 
sidered  as  applicable  during  the  existing  war  to  citizens  of  the 
LTnited  States  residing  within  the  Confederate  States  with  intent 
to  become  citizens  thereof,  and  who  shall  make  a  declaration  of 
such  intention  in  due  form,  acknowledging  the  authority  of  this 
Government ;  nor  shall  this  proclamation  be  considered  as  extend 
ing  to  the  States  of  Delaware,  Maryland,  Kentucky,  Missouri, 
the  District  of  Columbia,  the  Territories  of  Arizona  and  New 


132  Messages  and  Papers  of  the  Confederacy. 

Mexico,  and  the  Indian  Territory  south  of  Kansas,  who  shall 
not  be  chargeable  with  actual  hostility  or  other  crime  against  the 
public  safety,  and  who  shall  acknowledge  the  authority  of  the 
Government  of  the  Confederate  States. 

And  I  do  further  proclaim  and  make  known  that  I  have  estab 
lished  the  rules  and  regulations  hereto  annexed  in  accordance 
with  the  provisions  of  said  law. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States  of 
America  at  the  city  of  Richmond  on  this  I4th  day  of  August,  A.D. 
1 86 1.  JEFFERSON  DAVIS. 

By  the  President : 

R.  M.  T.  HUNTER,  Secretary  of  State. 


REGULATIONS  RESPECTING  ALIEN  ENEMIES. 

The  following  regulations  are  hereby  established  respecting  alien  ene 
mies,  under  the  provisions  of  an  act  approved  8th  of  August,  1861,  entitled 
"An  Act  Respecting  Alien  Enemies :" 

I.  Immediately  after  the  expiration  of  the  term  of  forty  days  from  the 
date  of  the  foregoing  proclamation,  it  shall  be  the  duty  of  the  several  dis 
trict  attorneys,  marshals,  and  other  officers  of  the  Confederate  States  to 
make  complaint  against  aliens  or  alien  enemies  coming  within  the  purview 
of  the  act  aforesaid,  to  the  end  that  the  several  courts  of  the  Confederate 
States  and  of  each  State  having  jurisdiction  may  order  the  removal  of 
such  aliens  or  alien  enemies  beyond  the  territory  of  the  Confederate  States 
or  their  restraint  and  confinement,  according  to  the  terms  of  said  law. 

2.  The  marshals  of  the  Confederate  States  are  hereby  directed  to  ap 
prehend  all  aliens  against  whom  complaints  may  be  made  under  said  law 
and  to  hold  them  in  strict  custody  until  the  final  order  of  the  court,  taking 
special  care  that  such  aliens  obtain  no  information  that  could  possibly  be 
•made  useful  to  the  enemy. 

3.  Whenever  the  removal  of  any  alien  beyond  the  limits  of  the  Confed 
erate  States  is  ordered  by  any  competent  authority  under  the  provisions  of 
said  law  the  marshal  shall  proceed  to  execute  the  order  in  person  or  by 
deputy  or  other  discreet  person  in  such  manner  as  to  prevent  the  alien  so 
removed  from  obtaining  any  information  that  could  be  used  to  the  preju 
dice  of  the  Confederate  States. 

4.  Any  alien  who  shall  return  to  these  States  during  the  war  after  hav 
ing  been  removed  therefrom  under  the  provisions  of  said  law  shall  be  re 
garded  and  treated  as  an  alien  enemy,  and  if  made  prisoner  shall  be  at  once 
delivered  over  to  the  nearest  military  authority  to  be  dealt  with  as  a  spy 
or  as  a  prisoner  of  war,  as  the  case  may  require. 


Provisional  Congress.  133 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  through  accident  a  bill  to  authorize  the  President  to 
continue  the  appointments  made  by  him  in  the  military  and  naval 
service  during  the  recess  of  Congress  or  the  present  session,  and 
to  submit  them  to  Congress  at  its  next  session,  failed  to  be  de 
livered  to  the  President  for  his  signature  prior  to  the  adjourn 
ment  of  Congress ;  and 

Whereas,  the  failure  of  said  bill  to  become  a  law  would  cause 
serious  inconvenience  to  the  public  service : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States,  do  issue  this  my  proclamation,  convoking  the  Con 
gress  of  the  Confederate  States  for  the  transaction  of  business,  at 
the  Capitol,  in  the  city  of  Richmond,  on  the  3d  day  of  September, 
at  12  o'clock  noon  of  that  day,  of  which  all  who  shall  at  that  time, 
be  entitled  to  act  as  members  of  that  body  are  hereby  required  to 
take  notice. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States, 
at  Richmond,  this  2d  day  of  September,  A.D.  1861. 

[SEAL.]  JEFFERSON  DAVIS. 

By  the  President : 

R.  M.  T.  HUNTER,  Secretary  of  State. 


RESOLUTIONS  OF  THANKS. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  are  eminently  due,  and  are 
hereby  cordially  given,  to  General  Joseph  E.  Johnston  and  Gen 
eral  Gustave  T.  Beauregard,  and  to  the  officers  and  troops  under 
their  command,  for  the  great  and  signal  victory  obtained  by  them 
over  forces  of  the  United  States  far  exceeding  them  in  number, 
in  the  battle  of  the  twenty-first  of  July,  at  Manassas;  and  for 
the  gallantry,  courage,  and  endurance  evinced  by  them,  in  a  pro 
tracted  and  continuous  struggle  of  more  than  ten  hours ;  a  vic 
tory,  the  great  results  of  which  will  be  realized  in  the  future  suc 
cesses  of  the  war,  and  which,  in  the  judgment  of  Congress,  en 
titles  all  who  contributed  to  it  to  the  gratitude  of  their  country. 


134  Messages  and  Papers  of  the  Confederacy. 

Resolved,  further,  That  the  foregoing  resolution  be  made 
known  in  appropriate  general  orders,  by  the  Generals  in  com 
mand,  to  the  officers  and  troops  to  whom  they  are  addressed. 

Approved  August  6,  1861. 

Whereas,  it  has  pleased  Almighty  God  to  vouchsafe  to  the 
arms  of  the  Confederate  States  another  glorious  and  important 
victory  in  a  portion  of  the  country  where  a  reverse  would  have 
been  disastrous  by  exposing  the  families  of  the  good  people  of 
the  State  of  Missouri  to  the  unbridled  license  of  the  brutal 
soldiery  of  an  unscrupulous  enemy :  Therefore  be  it 

Resolved  by  the  Congress  of  the  Confederate  States,  That 
the  thanks  of  Congress  are  cordially  tendered  to  Brig.  Gen.  Ben 
McCulloch  and  the  officers  and  'soldiers  of  his  brave  command 
for  their  gallant  conduct  in  defeating,  after  a  battle  of  six  hours 
and  a  half,  a  force  of  the  enemy  equal  in  numbers  and  greatly 
superior  in  all  their  appointments,  thus  proving  that  a  right  cause 
nerves  the  hearts  and  strengthens  the  arms  of  the  Southern  peo 
ple,  righting,  as  they  are,  for  their  liberty,  their  homes,  and  fire 
sides,  against  an  unholy  despotism. 

Resolved  further,  That  in  the  opinion  of  Congress  General 
McCulloch  and  his  gallant  troops  are  entitled  to  and  will  receive 
the  grateful  thanks  of  our  people. 

Resolved  further,  That  the  foregoing  resolutions  be  communi 
cated  to  that  command  by  the  proper  Department. 

Approved  August  22,  1861. 


FOURTH  SESSION  (CALLED). 

MET    AT    RICHMOND,    VA.,    SEPTEMBER    3,    l86l.      ADJOURNED 
SAME    DAY. 

MESSAGE. 
Gentlemen  of  the  Congress. 

The  bill  important  to  the  public  service,  being  one  to  continue 
in  office  persons  who  have  been  appointed  and  nominated,  and 
whose  nominations  had  not  been  acted  upon,  was,  I  learned  after 
your  adjournment  on  the  3ist  ultimo,  enrolled  for  my  signature, 


Provisional  Congress.  135 

but  by  some  accident  was  not  delivered  to  me,  and  thus  failed  to 
become  a  law ;  wherefore  it  has  become  necessary  to  convene  you. 

You  may  either  make  the  provisions  contemplated,  or  by  acting 
upon  the  nominations,  or  otherwise  as  in  your  judgment  may 
seem  best  relieve  the  Government  of  the  embarrassment  to  which 
otherwise  it  must  be  subjected.  JEFFERSON  DAVIS. 

September  3,  1861. 


PROCLAMATION. 

BY  THE   PRESIDENT  OF  THE  CONFEDERATE   STATES. 
A  PROCLAMATION. 

Whereas  it  hath  pleased  Almighty  God,  the  Sovereign  Dis 
poser  of  events,  to  protect  and  defend  the  Confederate  States 
hitherto  in  their  conflict  with  their  enemies,  and  to  be  unto  them 
a  shield :  and 

Whereas,  with  grateful  thanks  we  recognize  his  hand,  and  ac 
knowledge  that  not  unto  us,  but  unto  him,  belongeth  the  victory ; 
and  in  humble  dependence  upon  his  almighty  strength,  and  trust 
ing  in  the  justness  of  our  cause,  we  appeal  to  him,  that  he  may 
set  at  naught  the  efforts  of  our  enemies,  and  put  them  to  con 
fusion  and  shame ; 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States,  in  view  of  the  impending  conflict,  do  hereby  set 
apart  Friday,  the  I5th  day  of  November,  as  a  day  of  fasting, 
humiliation,  and  prayer;  and  I  do  hereby  invite  the  reverend 
clergy  and  people  of  these  Confederate  States  to  repair  on  that 
day  to  their  usual  places  of  public  worship,  and  to  implore  the 
blessings  of  Almighty  God  upon  our  arms,  that  he  may  give  us 
victory  over  our  enemies,  preserve  our  homes  and  altars  from 
pollution,  and  secure  to  us  the  restoration  of  peace  and  pros 
perity. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
,          ,     States,  at  Richmond,  this  thirty-first  day  of  October,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one.  JEFFERSON  DAVIS. 

By  the  President: 

R.  M.  T.  HUNTER,  Secretary  of  State. 


136  Messages  and  Papers  of  the  Confederacy. 

FIFTH  SESSION. 

MET  AT  RICHMOND,  VA.,  NOVEMBER  l8,   l86l.      ADJOURNED  FEBRU 
ARY   17,   l862. 

MESSAGES. 

RICHMOND,  November  18,  1861. 
The  Congress  of  the  Confederate  States. 

The  few  weeks  which  have  elapsed  since  your  'adjournment 
have  brought  us  so  near  the  close  of  the  year  that  we  are  now  able 
to  sum  up  its  general  results.  The  retrospect  is  such  as  should 
fill  the  hearts  of  our  people  with  gratitude  to  Providence  for 
his  kind  interposition  in  their  behalf.  Abundant  yields  have  re 
warded  the  labor  of  the  agriculturist,  whilst  the  manufacturing 
industry  of  the  Confederate  States  was  never  so  prosperous  as 
now.  The  necessities  of  the  times  have  called  into  existence  new 
branches  of  manufactures  and  given  a  fresh  impulse  to  the  activ 
ity  of  those  heretofore  in  operation.  The  means  of  the  Confed 
erate  States  for  manufacturing  the  necessaries  and  comforts  of 
life  within  themselves  increase  as  the  conflict  continues,  and  we 
are  gradually  becoming  independent  of  the  rest  of  the  world  for 
the  supply  of  such  military  stores  and  munitions  as  are  indis 
pensable  for  war. 

The  operations  of  the  Army,  soon  to  be  partially  interrupted 
by  the  approaching  winter,  have  afforded  a  protection  to  the  coun 
try  and  shed  a  luster  upon  its  arms  through  the  trying  vicissitudes 
of  more  than  one  arduous  campaign  which  entitle  our  brave  vol 
unteers  to  our  praise  and  our  gratitude.  From  its  commencement 
to  the  present  period  the  war  has  been  enlarging  its  propor 
tions  and  expanding  its  boundaries  so  as  to  include  new  fields. 
The  conflict  now  extends  from  the  shores  of  the  Chesapeake  to 
the  confines  of  Missouri  and  Arizona;  yet  sudden  calls  from  the 
remotest  points  for  military  aid  have  been  met  with  promptness 
enough  not  only  to  avert  disaster  in  the  face  of  superior  numbers, 
but  also  to  roll  back  the  tide  of  invasion  from  the  border. 

When  the  war  commenced  the  enemy  were  possessed  of  cer 
tain  strategic  points  and  strong  places  within  the  Confederate 
States.  They  greatly  exceeded  us  in  numbers,  in  available  re- 


Provisional  Congress.  137 

sources,  and  in  the  supplies  necessary  for  war.  Military  estab 
lishments  had  been  long  organized  and  were  complete ;  the  Navy, 
and  for  the  most  part  the  Army,  once  common  to  both,  were  in 
their  possession.  To  meet  all  this  we  had  to  create  not  only  an 
Army  in  the  face  of  war  itself,  but  also  the  military  establish 
ments  necessary  to  equip  and  place  it  in  the  field.  It  ought  in 
deed  to  be  a  subject  of  gratulation  that  the  spirit  of  the  volun-' 
teers  and  the  patriotism  of  the  people  have  enabled  us,  under 
Providence,  to  grapple  successfully  with  these  difficulties.  A 
succession  of  glorious  victories  at  Bethel,  Bull  Run,  Manassas, 
Springfield,  Lexington,  Leesburg,  and  Belmont  has  checked  the 
wicked  invasion  which  greed  of  gain  and  the  unhallowed  lust  of 
power  brought  upon  our  soil,  and  has  proved  that  numbers  cease 
to  avail  when  directed  against  a  people  fighting  for  the  sacred 
right  of  self-government  and  the  privileges  of  freemen.  After 
more  than  seven  months  of  war  the  enemy  have  not  only  failed 
to  extend  their  occupancy  of  our  soil,  but  new  States  and  Terri 
tories  have  been  added  to  our  Confederacy,  while,  instead  of  their 
threatened  march  of  unchecked  conquest,  they  have  been  driven, 
at  more  than  one  point,  to  assume  the  defensive,  and,  upon  a  fair 
comparison  between  the  two  belligerents  as  to  men,  military 
means,  and  financial  condition,  the  Confederate  States  are  rela 
tively  much  stronger  now  than  when  the  struggle  commenced. 

Since  your  adjournment  the  people  of  Missouri  have  conducted 
the  war  in  the  face  of  almost  unparalleled  difficulties  with  a  spirit 
and  success  alike  worthy  of  themselves  and  of  the  great  cause  in 
which  they  are  struggling.  Since  that  time  Kentucky,  too,  has 
become  the  theater  of  active  hostilities.  The  Federal  forces  have 
not  only  refused  to  acknowledge  her  right  to  be  neutral,  and 
have  insisted  upon  making  her  a  party  to  the  war,  but  have  in 
vaded  her  for  the  purpose  of  attacking  the  Confederate  States. 
Outrages  of  the  most  despotic  character  have  been  perpetrated 
upon  her  people;  some  of  her  most  eminent  citizens  have  been 
seized  and  borne  away  to  languish  in  foreign  prisons,  without 
knowing  who  were  their  accusers  or  the  specific  charges  made 
against  them,  while  others  have  been  forced  to  abandon  their 
homes,  families,  and  property,  and  seek  a  refuge  in  distant  lands. 

Finding  that  the  Confederate  States  were  about  to  be  invaded 
through  Kentucky,  and  that  her  people,  after  being  deceived  into 


138  Messages  and  Papers  of  the  Confederacy. 

a.  mistaken  security,  were  unarmed  and  in  danger  of  being  sub 
jugated  by  the  Federal  forces,  our  armies  were  marched  into  that 
State  to  repel  the  enemy  and  prevent  their  occupation  of  certain 
strategic  points  which  would  have  given  them  great  advantages 
in  the  contest — a  step  which  was  justified  not  only  by  the  neces 
sities  of  self-defense  on  the  part  of  the  Confederate  States,  but 
also  by  a  desire  to  aid  the  people  of  Kentucky.  It  was  never  in-» 
tended  by  the  Confederate  Government  to  conquer  or  coerce  the 
people  of  that  State ;  but,  on  the  contrary,  it  was  declared  by  our 
generals  that  they  would  withdraw  their  troops  if  the  Federal 
Government  would  do  likewise.  Proclamation  was  also  made 
of  the  desire  to  respect  the  neutrality  of  Kentucky  and  the  inten 
tion  to  abide  by  the  wishes  of  her  people  as  soon  as  they  were 
free  to  express  their  opinions.  These  declarations  were  approved 
by  me,  and  I  should  regard  it  as  one  of  the  best  effects  of  the 
march  of  our  troops  into  Kentucky  if  it  should  end  in  giving  to 
her  people  liberty  of  choice  and  a  free  opportunity  to  decide  their 
own  destiny  according  to  their  own  will. 

The  Army  has  been  chiefly  instrumental  in  prosecuting  the 
great  contest  in  which  we  are  engaged,  but  the  Navy  has  also 
been  effective  in  full  proportion  to  its  means.  The  naval  officers, 
deprived  to  a  great  extent  of  an  opportunity  to  make  their  pro 
fessional  skill  available  at  sea,  have  served  with  commendable 
zeal  and  gallantry  on  shore  and  upon  inland  waters,  further  de 
tail  of  which  will  be  found  in  the  reports  of  the  Secretaries  of  the 
Navy  and  War.  In  the  transportation  of  the  mails  many  diffi 
culties  have  arisen,  which  will  be  found  fully  developed  in  the 
report  of  the  Postmaster  General.  The  absorption  of  the  ordi 
nary  means  of  transportation  for  the  movements  of  troops  and 
military  supplies;  the  insufficiency  of  the  rolling  stock  of  rail 
roads  for  the  accumulation  of  business  resulting  both  from  mil 
itary  operations  and  the  obstruction  of  water  communication  by 
the  presence  of  the  enemy's  fleet ;  the  failure,  and  even  refusal,  of 
contractors  to  comply  with  the  terms  of  their  agreements;  the 
difficulties  inherent  in  inaugurating  so  vast  and  complicated  a 
system  as  that  which  requires  postal  facilities  for  every  town  and 
village  in  a  territory  so  extended  as  ours,  have  all  combined  to 
impede  the  best-directed  efforts  of  the  Postmaster  General,  whose 
zeal,  industry,  and  ability  have  been  taxed  to  the  utmost  extent. 


Provisional  Congress.  139 

Some  of  these  difficulties  can  only  be  overcome  by  time  and  an 
improved  condition  of  the  country  upon  the  restoration  of  peace, 
but  others  may  be  remedied  by  legislation,  and  your  attention  is 
invited  to  the  recommendations  contained  in  the  report  of  the 
head  of  that  Department. 

The  condition  of  the  Treasury  will  doubtless  be  a  subject  of 
anxious  inquiry  on  your  part.  I  am  happy  to  say  that  the  finan 
cial  system  already  adopted  has  worked  well  so  far,  and  promises 
good  results  for  the  future.  To  the  extent  that  Treasury  notes 
may  be  issued  the  Government  is  enabled  to  borrow  money  with 
out  interest,  and  thus  facilitate  the  conduct  of  the  wrar.  This  ex 
tent  is  measured  by  the  portion  of  the  field  of  circulation  which 
these  notes  can  be  made  to  occupy.  The  proportion  of  the  field 
thus  occupied  depends  again  upon  the  amount  of  the  debts  for 
which  they  are  receivable ;  and  when  dues,  not  only  to  the  Con 
federate  and  State  governments,  but  also  to  corporations  and  in 
dividuals,  are  payable  in  this  medium,  a  large  amount  of  it  may 
be  circulated  at  par.  There  is  every  reason  to  believe  that  the 
Confederate  Treasury  note  is  fast  becoming  such  a  medium.  The 
provision  that  these  notes  shall  be  convertible  into  Confederate 
stock  bearing  8  per  cent  interest,  at  the  pleasure  of  the  holder, 
insures  them  against  a  depreciation  below  the  value  of  that  stock, 
and  no  considerable  fall  in  that  value  need  be  feared  so  long  as 
the  interest  shall  be  punctually  paid.  The  punctual  payment  of 
this  interest  has  been  secured  by  the  act  passed  by  you  at  the  last 
session,  imposing  such  a  rate  of  taxation  as  must  provide  sufficient 
means  for  that  purpose. 

For  the  successful  prosecution  of  this  war  it  is  indispensable 
that  the  means  of  transporting  troops  and  military  supplies  be 
furnished,  as  far  as  possible,  in  such  manner  as  not  to  interrupt 
the  commercial  intercourse  between  our  people  nor  place  a  check 
on  their  productive  energies.  To  this  end  the  means  of  trans 
portation  from  one  section  of  our  country  to  the  other  must  be 
carefully  guarded  and  improved.  And  this  should  be  the  object 
of  anxious  care  on  the  part  of  State  and  Confederate  govern 
ments,  so  far  as  they  may  have  power  over  the  subject. 

We  have  already  two  main  systems  of  through  transportation 
from  the  north  to  the  south — one  from  Richmond  along  the  sea- 
.board ;  the  other  through  Western  Virginia  to  New  Orleans.  A 


140  Messages  and  Papers  of  the  Confederacy. 

third  might  be  secured  by  completing  a  link  of  about  forty  miles 
between  Danville,  in  Virginia,  and  Greensboro,  in  North  Caro 
lina.  The  construction  of  this  comparatively  short  line  would 
give  us  a  through  route  from  north  to  south  in  the  interior  of  the 
Confederate  States  and  give  us  access  to  a  population  and  to  mil 
itary  resources  from  which  we  are  now  in  great  measure  debarred. 
We  should  increase  greatly  the  safety  and  capacity  of  our  means 
for  transporting  men  and  military  supplies.  If  the  construction 
of  this  road  should,  in  the  judgment  of  Congress  as  it  is  in  mine, 
be  indispensable  for  the  most  successful  prosecution  of  the  war, 
the  action  of  the  Government  will  not  be  restrained  by  the  con 
stitutional  objection  which  would  attach  to  a  work  for  commer 
cial  purposes,  and  attention  is  invited  to  the  practicability  of  se 
curing  its  early  completion  by  giving  the  needful  aid  to  the  com 
pany  organized  for  its  construction  and  administration. 

If  we  husband  our  means  and  make  a  judicious  use  of  our  re 
sources,  it  would  be  difficult  to  fix  a  limit  to  the  period  during 
which  we  could  conduct  a  war  against  the  adversary  whom  we 
now  encounter.  The  very  efforts  which  he  makes  to  isolate  and 
invade  us  must  exhaust  his  means,  whilst  they  serve  to  complete 
the  circle  and  diversify  the  productions  of  our  industrial  system. 
The  reconstruction  which  he  seeks  to  effect  by  arms  becomes 
daily  more  and  more  palpably  impossible.  Not  only  do  the  causes 
which  induced  us  to  separate  still  exist  in  full  force,  but  they 
have  been  strengthened,  and  whatever  doubt  may  have  lingered 
in  the  minds  of  any  must  have  been  completely  dispelled  by  sub 
sequent  events.  If  instead  of  being  a  dissolution  of  a  league  it 
were  indeed  a  rebellion  in  which  we  are  engaged,  we  might  find 
ample  vindication  for  the  course  we  have  adopted  in  the  scenes 
which  are  now  being  enacted  in  the  United  States.  Our  people 
now  look  with  contemptuous  astonishment  on  those  with  whom 
they  had  been  so  recently  associated.  They  shrink  with  aversion 
from  the  bare  idea  of  renewing  such  a  connection.  When  they 
see  a  President  making  war  without  the  assent  of  Congress; 
when  they  behold  judges  threatened  because  they  maintain  the 
writ  of  habeas  corpus  so  sacred  to  freemen ;  when  they  see  justice 
and  law  trampled  under  the  armed  heel  of  military  authority,  and 
upright  men  and  innocent  women  dragged  to  distant  dungeons 
upon  the  mere  edict  of  a  despot;  when  they  find  all  this  toler- 


Provisional  Congress.  141 

ated  and  applauded  by  a  people  who  had  been  in  the  full  enjoy 
ment  of  freedom  but  a  few  months  ago — they  believe  that  there 
must  be  some  radical' incompatibility  between  such  a  people  and 
themselves.  With  such  a  people  wre  may  be  content  to  live  at 
peace,  but  the  separation  is  final,  and  for  the  independence  we 
have  asserted  we  will  accept  no  alternative. 

The  nature  of  the  hostilities  which  they  have  waged  against  us 
must  be  characterized  as  barbarous  wherever  it  is  understood. 
They  have  bombarded  undefended  villages  without  giving  notice 
to  women  and  children  to  enable  them  to  escape,  and  in  one  in 
stance  selected  the  night  as  the  period  when  they  might  surprise 
them  most  effectually  whilst  asleep  and  unsuspicious  of  danger. 
Arson  and  rapine,  the  destruction  of  private  houses  and  property, 
and  injuries  of  the  most  wanton  character,  even  upon  noncom- 
batants,  have  marked  their  forays  along  our  borders  and  upon 
our  territory.  Although  we  ought  to  have  been  admonished  by 
these  things  that  they  were  disposed  to  make  war  upon  us  in  the 
most  cruel  and  relentless  spirit,  yet  we  were  not  prepared  to  see 
them  fit  out  a  large  naval  expedition,  with  the  confessed  purpose 
not  only  to  pillage,  but  to  incite  a  servile  insurrection  in  our 
midst.  If  they  convert  their  soldiers  into  incendiaries  and  rob 
bers,  and  involve  us  in  a  species  of  war  which  claims  noncom- 
batants,  women,  and  children  as  its  victims,  they  must  expect  to 
be  treated  as  outlaws  and  enemies  of  mankind.  There  are  cer 
tain  rights  of  humanity  which  are  entitled  to  respect  even  in  war, 
and  he  who  refuses  to  regard  them  forfeits  his  claims,  if  cap 
tured,  to  be  considered  as  a  prisoner  of  war,  but  must  expect  to 
be  dealt  with  as  an  offender  against  all  law,  human  and  divine. 

But  not  content  with  violating  our  rights  under  the  law  of  na 
tions  at  home,  they  have  extended  these  injuries  to  us  within 
other  jurisdictions.  The  distinguished  gentleman  whom,  with 
your  approval  at  the  last  session,  I  commissioned  to  represent  the 
Confederacy  at  certain  foreign  courts,  have  been  recently  seized 
by  the  captain  of  a  U.  S.  ship  of  war  on  board  a  British  steamer 
on  their  voyage  from  the  neutral  Spanish  port  of  Havana  to 
England.  The  United  States  have  thus  claimed  a  general  juris 
diction  over  the  high  seas,  and  entering  a  British  ship,  sailing 
under  its  country's  flag,  violated  the  rights  of  embassy,  for  the 
most  part  held  sacred  even  amongst  barbarians,  by  seizing  our  min- 


142  Messages  and  Papers  of  the  Confederacy. 

isters  whilst  under  the  protection  and  within  the  dominions  of  a 
neutral  nation.  These  gentlemen  were  as  much  under  the  juris 
diction  of  the  British  Government  upon  that  ship  and  beneath 
its  flag  as  if  they  had  been  on  its  soil,  and  a  claim  on  the  part  of 
the  United  States  to  seize  them  in  the  streets  of  London  would 
have  been  as  well  founded  as  that  to  apprehend  them  where  they 
were  taken.  Had  they  been  malefactors  and  citizens  even  of  the 
United  States  they  could  not  have  been  arrested  on  a  British  ship 
or  on  British  soil,  unless  under  the  express  provisions  of  a  treaty 
and  according  to  the  forms  therein  provided  for  the  extradition 
of  criminals. 

But  rights  the  most  sacred  seem  to  have  lost  all  respect  in  their 
eyes.  When  Mr.  Faulkner,  a  former  minister  of  the  United 
States  to  France,  commissioned  before  the  secession  of  Virginia, 
his  native  State,  returned  in  good  faith  to  Washington  to  settle 
his  accounts  and  fulfill  all  the  obligations  into  which  he  had  en 
tered,  he  was  perfidiously  arrested  and  imprisoned  in  New  York, 
where  he  now  is.  The  unsuspecting  confidence  with  which  he 
reported  to  his  Government  was  abused,  and  his  desire  to  fulfill 
his  trust  to  them  was  used  to  his  injury.  In  conducting  this  war 
we  have  sought  no  aid  and  proposed  no  alliances  offensive  and  de 
fensive  abroad.  We  have  asked  for  a  recognized  place  in  the 
great  family  of  nations,  but  in  doing  so  we  have  demanded  noth 
ing  for  which  we  did  not  offer  a  fair  equivalent.  The  advantages 
of  intercourse  are  mutual  amongst  nations,  and  in  seeking  to 
establish  diplomatic  relations  we  were  only  endeavoring  to  place 
that  intercourse  under  the  regulation  of  public  law.  Perhaps  we 
had  the  right,  if  we  had  chosen  to  exercise  it,  to  ask  to  know 
whether  the  principle  that  "blockades  to  be  binding  must  be  ef 
fectual,"  so  solemnly  announced  by  the  great  powers  of  Europe 
at  Paris,  is  to  be  generally  enforced  or  applied  only  to  particular 
parties.  When  the  Confederate  States,  at  your  last  session,  be 
came  a  party  to  the  declaration  reaffirming  this  principle  of  inter 
national  law,  which  has  been  recognized  so  long  by  publicists  and 
governments,  we  certainly  supposed  that  it  was  to  be  universally 
enforced.  The  customary  law  of  nations  is  made  up  of  their 
practice  rather  than  their  declarations;  and  if  such  declarations 
are  only  to  be  enforced  in  particular  instances  at  the  pleasure  of 
those  who  make  them,  then  the  commerce  of  the  world,  so  far 


Provisional  Congress.  143, 

from  being  placed  under  the  regulation  of  a  general  law,  will  be 
come  subject  to  the  caprice  of  those  who  execute  or  suspend  it  at 
will.  If  such  is  to  be  the  course  of  nations  in  regard  to  this  law, 
it  is  plain  that  it  will  thus  become  a  rule  for  the  weak  and  not  for 
the  strong. 

Feeling  that  such  views  must  be  taken  by  the  neutral  nations 
of  the  earth,  I  have  caused  the  evidence  to  be  collected  which 
proves  completely  the  utter  inefficiency  of  the  proclaimed  block 
ade  of  our  coast,  and  shall  direct  it  to  be  laid  before  such  govern 
ments  as  shall  afford  us  the  means  of  being  heard.  But,  although 
we  should  be  benefited  by  the  enforcement  of  this  law  so  solemnly 
declared  by  the  great  powers  of  Europe,  we  are  not  dependent 
on  that  enforcement  for  the  successful  prosecution  of  the  war. 
As  long  as  hostilities  continue  the  Confederate  States  will  exhibit 
a  steadily  increasing  capacity  to  furnish  their  troops  with  food, 
clothing,  and  arms.  If  they  should  be  forced  to  forego  many  of 
the  luxuries  and  some  of  the  comforts  of  life,  they  will  at  least 
have  the  consolation  of  knowing  that  they  are  thus  daily  becoming 
more  and  more  independent  of  the  rest  of  the  world.  If  in  this 
process  labor  in  the  Confederate  States  should  be  gradually  di 
verted  from  those  great  Southern  staples  which  have  given  life  to 
so  much  of  the  commerce  of  mankind  into  other  channels,  so  as 
to  make  them  rival  producers  instead  of  profitable  customers, 
they  will  not  be  the  only  or  even  the  chief  losers  by  this  change 
in  the  direction  of  their  industry.  Although  it  is  true  that  the 
cotton  supply  from  the  Southern  States  could  only  be  totally  cut 
off  by  the  subversion  of  our  social  system,  yet  it  is  plain  that  a 
long  continuance  of  this  blockade  might,  by  a  diversion  of  labor 
and  an  investment  of  capital  in  other  employments,  so  diminish 
the  supply  as  to  bring  ruin  upon  all  those  interests  of  foreign 
countries  which  are  dependent  on  that  staple.  For  every  laborer 
who  is  diverted  from  the  culture  of  cotton  in  the  South,  perhaps 
four  times  as  many  elsewhere,  who  have  found  subsistence  in  the 
various  employments  growing  out  of  its  use,  will  be  forced  also 
to  change  their  occupation. 

While  the  war  which  is  waged  to  take  from  us  the  right  of  self- 
government  can  never  attain  that  end,  it  remains  to  be  seen  how 
far  it  may  work  a  revolution  in  the  industrial  system  of  the  world, 
which  may  carry  suffering  to  other  lands  as  well  as  to  our  own. 


144  Messages  and  Papers  of  the  Confederacy. 

In  the  meantime  we  shall  continue  this  struggle  in  humble  de 
pendence  upon  Providence,  from  whose  searching  scrutiny  we 
cannot  conceal  the  secrets  of  our  hearts,  and  to  whose  rule  we  con 
fidently  submit  our  destinies.  For  the  rest  we  shall  depend  upon 
ourselves.  Liberty  is  always  won  where  there  exists  the  uncon 
querable  will  to  be  free,  and  we  have  reason  to  know  the  strength 
that  is  given  by  a  conscious  sense  not  only  of  the  magnitude  but  of 
the  righteousness  of  our  cause.  JEFF'N  DAVIS. 


RICHMOND,  November  25,  1861. 
To  the  Congress  of  the  Confederate  States. 

I  transmit  to  you  for  your  consideration  two  acts  passed  by  the 
General  Assembly  of  Missouri  on  the  3ist  of  last  October,  the 
one  entitled  "An  Act  declaring  the  political  ties  heretofore  exist 
ing  between  the  State  of  Missouri  and  the  United  States  of  Amer 
ica  dissolved ;"  the  other  entitled  "An  Act  ratifying  the  Constitu 
tion  of  the  Provisional  Government  of  the  Confederate  States  of 
America."  Together  with  these  I  send  a  letter  from  Governor 
C.  F.  Jackson,  of  Missouri,  addressed  to  myself  and  dated  No 
vember  5,  1861. 

An  act  of  the  Confederate  Congress,  approved  August  20, 
1861,  in  reference  to  Missouri,  provided  that  when  the  "Constitu 
tion  for  the  Provisional  Government  of  the  Confederate  States 
shall  be  adopted  and  ratified  by  the  properly  and  legally  con 
stituted  authorities  of  said  State,  and  the  Governor  of  said  State 
shall  transmit  to  the  President  of  the  Confederate  States  an  au 
thentic  copy  of  the  proceedings  touching  said  adoption  and  ratifi 
cation  by  said  State  of  said  Provisional  Constitution,  upon  the 
receipt  thereof  the  President,  by  proclamation,  shall  announce 
the  fact."  It  was  also  declared  by  this  act  that  upon  a  proclama 
tion  thus  made  the  admission  of  the  said  State  into  this  Confed 
eracy  shall  be  complete  "without  any  further  proceedings  on  the 
part  of  Congress/'  I  am  thus  empowered  to  judge  as  to  the  au 
thorities  in  the  State  of  Missouri  which  are  properly  and  legally 
constituted  to  adopt  and  ratify  the  Constitution  for  the  Provi 
sional  Government  of  the  Confederate  States.  I  am  also  author 
ized  without  further  consultation  with  Congress  to  proclaim  the 
admission  of  the  State.  Had  the  case  been  thus  presented  to  me 


Provisional  Congress.  145 

during  the  recess  of  Congress,  I  should  have  deemed  it  my  duty, 
to  issue  the  proclamation  under  this  power ;  but  as  these  acts  are* 
transmitted  during  the  session  of  Congress,  I  feel  it  to  be  due  to 
you,  in  a  matter  of  so  much  importance  as  the  admission  of  a 
new  State  into  the  Confederacy,  to  lay  before  you  the  acts  to 
which  I  have  referred,  that  you  may  take  such  action  upon  them 
as  in  your  judgment  may  be  necessary  and  proper.  I  also  submit 
to  you,  for  your  consideration  and  action  in  relation  thereto,  a 
copy  of  a  convention  between  the  Confederate  States  and  the 
State  of  Missouri  which  was  concluded  and  signed  by  the  com 
missioners  of  both  parties  at  the  city  of  Richmond,  on  the  3ist  day 
of  October,  1861.  JEFF'N  DAVIS. 


November  25,  1861. 
Hon.  Howell  Cobb,  President  of  the  Congress. 

I  have  the  honor  herewith  to  transmit  a  communication  from 
the  Provisional  Governor  of  Kentucky  informing  me  of  the  ap 
pointment  of  commissioners  on  the  part  of  that  State  to  treat 
with  the  Government  of  the  Confederate  States  of  America  for 
the  recognition  of  said  State  and  its  admission  into  the  Confed 
eracy.  Also  a  communication  from  the  president  and  members 
of  the  convention  which  declared  the  separation  of  Kentucky  from 
the  United  States  and  adopted  the  provisional  government  as 
therein  recited.  Two  of  the  three  commissioners  thus  appointed 
have  presented  their  credentials  and  submitted  a  proposition  to 
enter  upon  negotiations  for  the  admission  of  the  State  of  Ken 
tucky  into  the  Confederacy.  Before  entering  upon  such  negotia 
tion  I  have  deemed  it  proper  to  lay  the  case  before  Congress  and 
ask  its  advice.  The  history  of  this  controversy  involving  the 
State  of  Kentucky  is  so  \vell  known  to  the  Congress  that  it  is 
deemed  unnecessary  to  enter  here  into  a  statement  of  the  various 
stages  through  which  it  has  passed.  It  may,  however,  be  proper 
to  advert  to  the  fact  that  in  every  form  in  which  the  question  has 
been  presented  to  the  people  of  Kentucky  we  have  sufficient  evi 
dence  to  assure  us  that  by  a  large  majority  their  will  has  been 
manifested  to  unite  their  destinies  with  the  Southern  States  when 
ever,  despairing  of  the  preservation  of  the  Union,  they  should  be 
required  to  choose  between  association  with  the  North  or  the 
10 


146  Messages  and  Papers  of  the  Confederacy. 

South.  In  both  the  communications  presented  will  be  found  a 
powerful  exposition  of  the  misrepresentation  of  the  people  by  the 
government  of  Kentucky,  and  it  has  led  me  to  the  conclusion  that 
the  revolution  in  which  they  are  engaged  offered  the  only  remedy 
within  their  reach  against  usurpation  and  oppression,  to  which 
it  would  be  a  reflection  upon  that  gallant  people  to  suppose  that 
they  would  tamely  submit.  That  this  proceeding  for  the  admis 
sion  of  Kentucky  into  the  Confederacy  is  wanting  in  the  formal 
ity  which  characterized  that  of  the  States  which  seceded  by  the 
action  of  their  organized  government  is  manifested — indeed,  ad 
mitted — by  terming  it  revolutionary.  This  imposes  the  necessity 
for  examining  the  evidence  to  establish  the  fact  that  the  popular 
will  is  in  favor  of  admission  of  the  State  into  the  Confederacy. 
To  this  end  I  refer  the  Congress  to  the  commissioners  who  have 
presented  to  me  many  facts  which  (if  opportunity  be  afforded 
them)  they  will  no  doubt  as  freely  communicate  to  the  Congress, 
The  conclusion  at  which  I  have  arrived  is  that  there  is  enough  of 
merit  in  the  application  to  warrant  a  disregard  of  its  irregularity ; 
that  it  is  the  people — that  is  to  say,  the  State — who  seek  to  con 
federate  with  us ;  that  though  embarrassed  they  cannot  rightfully 
be  controlled  by  a  Government  which  violates  its  obligations  and 
usurps  powers  in  derogation  of  the  liberty  which  it  was  insti 
tuted  to  preserve;  and  that,  therefore,  we  may  rightfully  recog 
nize  the  provisional  government  of  Kentucky  and  under  its  aus 
pices  admit  the  State  into  the  Confederacy.  In  reaching  this 
conclusion  I  have  endeavored  to  divest  myself  of  the  sentiments 
which  strongly  attract  me  toward  that  State,  and  to  regard  con 
siderations,  military  and  political,  subordinate  to  propriety  and 
justice  in  the  determination  of  the  question.  I  now  invite  the 
early  attention  of  Congress  that  I  may  be  guided  by  its  advice 
in  my  action.  JEFF'N  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  November  27,  1861. 
To  the  Hon.  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  communication 
from  the  Hon.  Attorney-General,  with  the  report  of  the  Super 
intendent  of  Public  Printing,  asking  for  certain  appropriations 
therein  mentioned.  JEFFERSON  DAVIS. 


Provisional  Congress.  147 

RICHMOND,  VA.,  November  27,  1861. 

To  the  President  of  the  Congress,  Hon.  Howell  Cobb. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  the  reso 
lution  requesting  me  "to  communicate  to  Congress  the  reports 
of  all  battles  not  heretofore  communicated  to  Congress  or  pub 
lished  in  full  to  the  country,"  and  to  reply  that  copies  of  all  such 
reports  have  been  prepared  to  accompany  the  report  of  the  Sec 
retary  of  War,  to  which  it  was  supposed  proper  to  append  them 
as  documents.  I  hope  very  soon  to  be  able  to  transmit  the  re 
port  of  the  Secretary  of  War  with  all  the  documents  which 
usually  and  properly  attend  it,  those  specially  called  for,  included. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  November  30,  1861. 
To  the  Hon.  President  of  the  Congress. 

I  herewith  transmit  a  communication  from  the  Hon.  Secretary 
of  War,  and  recommend  it  to  the  favorable  consideration  of  the 
Congress.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  3,  1861. 
To  the  Hon.  President  of  the  Congress. 

Sir:  In  response  to  the  resolution  of  the  Congress  of  the  28th 
Nov.  ulto.,  inquiring  "whether  any  restrictions  (and  if  so> 
what)  have  been  placed  upon  vessels  leaving  the  ports  of  the 
Confederate  States  other  than  those  imposed  by  law,  and  if  any 
such  have  been  imposed,  by  what  authority,"  I  herewith  trans 
mit  copies  of  letters*  furnished  by  the  Wrar  Department,  marked 
"A,  B,  C,  and  D,"f  which  will  show  all  the  action  taken  on  the 
subject  of  inquiry  and  that  no  restrictions  have  been  imposed 
other  than  those  incident  to  a  state  of  war  and  which  the  public 
defense,  as  it  was  believed,  not  only  justified  but  demanded.  It 
will  be  noted  that  the  instructions  were  given  to  an  officer  com 
manding  the  defensive  line  of  a  port  threatened  by  the  enemy's 

*From  Judah  P.  Benjamin,  Acting  Secretary  of  War,  and  A.  T.  Bledsoe, 
to  Brig.  Gen.  Joseph  R.  Anderson, 
t  Omitted. 


148  Messages  and  Papers  of  the  Confederacy. 

fleet  and  related  to  articles  usually  recognized   as  contraband 
of  war.  JEFFERSON  DAVIS. 


RICHMOND,  December  4,  1861. 
To  the  Congress  of  the  Confederate  States. 

The  nominations  sent  to  the  Congress  at  the  last  session  not 
having  been  acted  on,  I  respectfully  request  that  they  be  returned, 
that  they  may  be  replaced  by  fuller  and  more  perfect  lists  pre 
pared  for  submission  to  your  action  at  the  present  session. 

JEFFERSON  DAVIS. 


To  the  Congress  of  the  Confederate  States. 

I  herewith  communicate  to  Congress  an  act  of  the  provisional 
government  of  Kentucky  to  appoint  a  commissioner  to  the  Con 
federate  States  of  America  on  the  subject  of  banks;  and  also  the 
commission  of  John  D.  Morris,  Esq.,  who  has  been  duly  accredited 
to  me  as  the  commissioner  appointed  under  said  act. 

It  appears  from  the  terms  of  said  act  that  various  banks  in 
Kentucky  have,  in  violation  of  the  State  Constitution,  at  the  dic 
tation  of  foreign  military  power,  contributed  large  sums  of  money 
to  assist  in  the  subjugation  of  the  people  of  Kentucky.  That 
the  State  of  Kentucky  is  a  stockholder  in  said  banks,  the  stock 
having  been  purchased  with  the  funds  raised  by  taxation  of  all 
the  people,  and  is  entitled  to  control  the  said  funds,  and  to  pre 
vent  their  being  used  for  the  subjugation  of  her  people. 

To  prevent  such  injustice  the  act  authorizes  the  Governor  to 
appoint  a  commissioner  to  proceed  to  the  Capital  of  the  Confed 
erate  States  to  confer  with  the  proper  authorities  as  to  the  most 
practicable  manner  of  securing  all  moneys  and  other  assets  of 
said  banks;  and  the  Confederate  States  are  requested  to  co 
operate  with  said  commissioner  in  securing  said  moneys  and  as 
sets. 

In  pursuance  with  the  request  of  the  provisional  government 
of  Kentucky  I  submit  the  matter  to  your  consideration  and  in 
vite  such  cooperation  as  you  may  deem  it  advisable  to  afford. 

JEFFERSON  DAVIS. 
Richmond,  Va.,  December  11,  1861. 


Provisional  Congress.  149 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  12,  1861, 
To  the  Congress  of  the  Confederate  States. 

I  submit  for  your  constitutional  action  treaties  recently  made 
with  the  Chickasaw  and  Choctaw,  Creek,  Seminole,  and  Cherokee 
tribes  of  Indians.  In  pursuance  of  a  resolution  passed  by  Con 
gress  the  5th  day  of  March,  1861,  I  appointed  Albert  Pike,  a  cit 
izen  of  Arkansas,  commissioner  of  this  Government  to  all  the 
Indian  tribes  west  of  Arkansas  and  south  of  Kansas.  His  powers 
and  duties  were  not  defined  in  that  resolution,  but  on  the  2ist  of 
May,  1861,  Congress  passed  "An  Act  for  the  protection  of  cer 
tain  Indian  tribes,"  by  which  the  general  policy  of  Congress  in 
reference  to  those  tribes  was  more  fully  declared.  Considering' 
this  act  as  a  declaration  by  Congress  of  our  future  policy  in  rela 
tion  to  those  Indians,  a  copy  of  that  act  was  transmitted  to  the 
commissioner  and  he  was  directed  to  consider  it  as  his  instruc 
tions  in  the  contemplated  negotiation. 

The  general  policy  of  that  act  is  the  basis  of  the  treaties  here 
with  submitted ;  but  in  relation  to  pecuniary  obligations  there  is 
a  material  departure,  which  will  be  more  fully  referred  to  in  its 
appropriate  connection.  The  general  provisions  of  all  the  treaties 
are  similar,  and  in  each  the  Confederate  States  assume  the  guard 
ianship  over  the  tribe  and  become  responsible  for  all  the  obliga 
tions  to  the  Indians  imposed  by  former  treaties  on  the  Govern 
ment  of  the  United  States.  Important  modifications  are  pro 
posed  in  favor  of  the  respective  local  governments  of  these  In 
dians,  to  which  your  special  attention  is  invited.  That  their  ad 
vancement  in  civilization  justified  an  enlargement  of  their  power 
in  that  regard  will  scarcely  admit  of  a  doubt;  but  whether  the 
proposed  concessions  in  favor  of  their  local  governments  are 
within  the  bounds  of  a  wise  policy  may  well  claim  your  serious 
consideration.  In  this  connection  your  attention  is  specially  in 
vited  to  the  clauses  giving  to  certain  tribes  the  unqualified  right 
of  admission  as  a  State  into  the  compact  of  the  Confederacy,  and 
in  the  meantime  allowing  each  of  these  tribes  to  have  a  delegate 
in  Congress.  These  provisions  are  regarded  not  only  as  impolitic 
but  unconstitutional,  it  not  being  within  the  limits  of  the  treaty- 
making  power  to  admit  a  State  or  to  control  the  House  of  Rep 
resentatives  in  the  matter  of  admission  to  its  privileges.  I  rec- 


150  Messages  and  Papers  of  the  Confederacy. 

ommend  that  the  former  provision  be  rejected,  and  that  the  latter 
be  so  modified  as  to  leave  the  question  to  the  future  action  of 
Congress;  and  also  do  recommend  the  rejection  of  those  articles 
in  the  treaties  which  confer  upon  Indians  the  right  to  testify  in 
the  State  courts,  believing  that  the  States  have  the  power  to  de 
cide  that  question,,  each  for  itself,  independently  of  any  action  of 
the  Confederate  Government. 

The  pecuniary  obligations  of  these  treaties  are  of  great  im 
portance.  Apart  from  the  annuities  secured  to  them  by  former 
treaties,  and  which  we  are  to  assume  by  those  now  submitted, 
these  tribes  have  large  permanent  funds  in  the  hands  of  the  Gov 
ernment  of  the  United  States  as  their  trustee.  These  funds  may 
be  divided  into  three  classes :  First.  Money  which  the  Govern 
ment  of  the  United  States  stipulated  to  invest  in  its  own  stocks 
or  stocks  of  the  States,  and  which  has  been  partly  invested  in  its 
own  stocks  and  partly  uninvested,  remains  in  its  Treasury,  but 
upon  which  it  is  bound  to  pay  interest.  Second.  Funds  invested 
in  the  stocks  of  States  not  members  of  this  Confederacy.  Third. 
Money  invested  in  stocks  of  States  now  members  of  this  Con 
federacy.  These  three  classes  include  all  the  important  pecun 
iary  obligations  involved  in  these  treaties,  except  interest  col 
lected  by  the  Federal  Government  and  not  paid  over  to  the  In 
dians  and  arrearage  of  annual  payments  due  under  existing 
treaties;  to  which  exceptions  a  further  notice  will  be  given.  By 
the  treaties  now  submitted  to  you  the  first  and  second  classes  are; 
absolutely  assumed  by  this  Government;  but  this  Government 
only  undertakes  as  trustee  to  collect  the  third  class  from  the 
States  which  owe  the  money  and  pay  over  the  amounts  to  the 
Indians  when  collected.  It  is  fortunate  for  the  Indians  and  our 
selves  that  the  .amounts  embraced  in  classes  one  and  two  are 
relatively  small,  and  the  obligations  incurred  by  their  assumption 
cannot  be  onerous,  as  the  amount  due  by  States  of  the  Confed 
eracy  on  account  of  investments  in  the  funds  of  Northern  In 
dians  considerably  exceeds  the  amount  to  be  assumed  under  this 
provision  of  the  treaties.  We  thereby  have  the  means  to  compel 
the  Government  of  the  United  States  to  do  justice  to  the  Indians 
within  the  jurisdiction  of  the  Confederate  States,  or  to  indemnify 
ourselves  for  its  breach  of  faith. 

By  the  treatv  with  the  Cherokees  we  undertake  to  advance 


Provisional  Congress.  151 

$150,000,  and  the  interest  of  $50,000  for  educational  purposes 
on  what  are  known  as  the  Cherokee  neutral  lands,  lying  between 
the  State  of  Kansas  and  the  Cherokee  Territory,  for  which  the 
Indians  paid  the  United  States  Government  $500,000,  and  which 
lands  we  guarantee  to  the  Indians  against  the  hazard  of  being 
lost  by  the  fortune  of  war  or  ceded  by  treaty  of  peace.  I  herewith 
submit  to  you  estimates  of  the  entire  pecuniary  obligations  as 
sumed  by  these  treaties,  in  tabular  exhibits  A  and  B.  They  are 
generally  stated  with  great  minuteness  in  the  treaties,  but  I  have 
caused  them  to  be  abstracted  and  put  in  tabular  form  for  more 
convenient  reference.  I  also  submit  to  you  the  report  of  Albert 
Pike,  the  commissioner,  which  contains  a  history  of  his  negotia 
tions  and  submits  his  reasons  for  a  departure  from  his  instruc 
tions  in  relation  to  the  pecuniary  obligations  to  be  incurred.  In 
view  of  the  circumstances  by  which  we  are  surrounded,  the  great 
importance  of  preserving  peace  with  the  Indians  on  the  frontier 
of  Texas,  Arkansas,  and  Missouri,  and,  not  least,  because  of  the 
spirit  these  tribes  have  manifested  in  making  common  cause  with 
us  in  the  war  now  existing,  I  recommend  the  assumption  of  the 
stipulated  pecuniary  obligations,  and,  with  the  modifications  here 
in  suggested,  that  the  treaties  submitted  be  ratified. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  16,  1861. 
To  the  Hon.  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  the  report  of  the  Hon. 
Secretary  of  War,  with  accompanying  papers. 

JEFFERSON  DAVIS. 


To  the  Provisional  Congress  of  the  Confederate  States. 

I  herewith  transmit  a  copy  of  a  communication  from  Mr.  Wil 
liam  S.  Ashe  urging  the  completion  of  certain  railroads  as  nec 
essary  for  the  proper  transportation  of  troops  and  military  stores 
in  the  exigencies  of  the  present  war.  I  also  transmit  a  copy  of 
a  communication  from  Mr.  E.  Fontaine,  President  of  the  Cen 
tral  Railroad  of  Virginia,  urging  the  completion  of  twenty  miles 


152  Messages  and  Papers  of  the  Confederacy. 

of  the  Covington  and  Ohio  Railroad  upon  consideration  of  mili 
tary  necessity. 

I  communicate  to  you  with  these  letters  a  series  of  resolutions 
adopted  at  a  convention  of  railroad  presidents,  held  in  Richmond 
on  the  6th  of  December,  asking  for  the  assistance  of  the  Confed 
erate  Government  in  procuring  certain  supplies,  which  are  indis 
pensable  to  the  railroad  system  of  the  country. 

That  certain  appropriations  which  otherwise  could  not  be  con 
stitutionally  made  by  the  Confederate  Government  come  within 
the  range  of  its  power,  when  absolutely  necessary  for  the  prose 
cution  of  a  war,  there  is  no  doubt.  It  is  equally  clear  that  when 
this  military  necessity  ceases,  the  right  to  make  such  appropria 
tions  no  longer  exists. 

To  exercise  this  power,  when  it  exists,  and  to  confine  it  within 
the  proper  limits,  is  a  matter  for  the  just  discretion  of  Congress, 
and  to  enable  it  to  act  upon  the  interesting  subjects  to  which  they 
relate,  I  transmit  the  communications  and  resolutions  which  ac 
company  this  message. 

I  have  already  recommended  that  the  Confederate  Government 
should  assist  in  making  a  railroad  from  Danville,  Va.,  to  Greens 
boro,  N.  C.,*  upon  the  ground  of  a  strong  military  necessity  for 
completing  an  interior  through  line  from  Virginia  to  the  South 
ern  Atlantic  States.  I  deem  this  to  be  necessary,  not  only  on  ac 
count  of  the  superior  safety  of  such  a  line  from  hostile  inroads 
and  invasions,  but  because  of  the  great  additional  facilities  which 
its  completion  would  afford  for  the  transportation  of  troops  and 
military  supplies. 

The  road  from  Selma,  Ala.,  to  Meridian,  Miss.,  is  a  link  that 
has  claims  similar  to  the  road  already  recommended  to  your  as 
sistance  in  a  previous  message.*  Whilst  the  completion  of  the 
twenty  miles  of  the  Covington  and  Ohio  Railroad,  as  proposed  by 
Mr.  Fontaine,  might  be  eminently  useful  for  military  purposes, 
I  cannot,  in  the  present  condition  of  the  Treasury,  recommend 
that  you  should  contribute  by  direct  appropriation. 

The  resolutions  of  the  convention  of  the  railroad  presidents 
and  superintendents  relate  to  a  most  important  subject. 

If  the  railroads  should  be  generally  disabled  from  transporting 

*See  page  139. 


Provisional  Congress.  153 

troops  and  military  supplies  for  the  prosecution  of  the  war,  the 
result  would  be  most  disastrous.  It  is  urged  that  the  capital  nec 
essary  to  construct  the  establishments  required  for  re-rolling 
rails  and  the  manufacture  of  locomotives  cannot  well  be  had  un 
less  the  Confederate  Government  would  make  some  advance  for 
the  purpose.  With  the  machinery  proper  for  rolling  the  rails, 
there  might  be  connected  that  which  is  necessary  for  rolling  plates 
which  are  wanted  in  the  naval  service.  How  far  it  would 
be  proper  for  Congress  to  authorize  advances  to  be  made  on  con 
tracts  to  furnish  these  plates  or  engines  it  would  be  for  that  body 
to  consider  and  determine.  Some  such  advance  might  facilitate 
and  secure  the  establishment  of  works  which  would  at  the  same 
time  furnish  what  is  required  by  the  Government,  re-rolling  the 
railroad  iron  and  constructing  locomotives  for  the  use  of  the  rail 
roads.  The  exigency  is  believed  to  be  such  as  to  require  the  aid  of 
the  Government,  and  is  commended  to  your  favorable  con  si  dera 
tion .  JEFFERSON  DAVIS. 
Richmond,  December  17,  1861. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  18,  1861. 
To  the  Hon.  President  of  the  Congress. 

Sir:  Herewith  I  transmit  a  letter  of  the  Attorney  General,  cov 
ering  a  communication  on  the  subject  of  taxes  due  upon  prop 
erty  sequestered  by  the  Government  of  the  Confederate  States, 
and  for  which  it  is  liable  to  be  sold  on  account  of  the  several 
States. 

The  attention  of  Congress  is  called  to  the  necessity  of  pro 
viding  for  the  payment  of  sums  now  due  as  well  as  those  which 
will  become  due  on  account  of  the  property  referred  to,  and, 
which,  it  is  believed,  must  remain  subject  to  taxation  by  the  sev 
eral  States.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  18,  1861. 
To  the  President  of  the  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  copy  of  a  joint  res 
olution  of  the  State  of  Tennessee,  in  accordance  with  the  request 
of  that  body.  JEFFERSON  DAVIS. 


154  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  23,  1861. 
To  the  President  of  the  Congress. 

Sir:  I  herewith  transmit  a  communication  from  the  Secretary 
of  War,  inclosing  an  estimate  of  appropriations,  rendered  nec 
essary  by  the  ratification  of  the  treaties  with  certain  Indian  tribes. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  December  30,  1861. 
To  the  President  of  the  Confederate  Congress. 

Sir:  I  herewith  transmit  to  the  Congress  a  communication 
from  the  Secretary  of  War,  with  the  estimate  of  certain  addi 
tional  appropriations  therein  mentioned.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  January  6,  1862. 
To  the  Confederate  Congress. 

I  herewith  transmit  from  the  War  Department  a  copy  of  the 
official  report  of  the  battle  on  Alleghany  Mountain  on  the  1 3th 
December. 

I  would  invite  special  attention  to  the  suggestions  of  the  Sec 
retary  of  War  in  his  communication  accompanying  the  report, 
with  which  I  fully  concur.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  January  n,  1862. 
President  of  the  Congress. 

I  herewith  transmit  to  the  Congress  a  communication  from  the 
Secretary  of  War  recommending  a  certain  appropriation*  there 
in  mentioned.  JEFFERSON  DAVIS. 

*To  pay  interest  on  money  borrowed  from  certain  banks  in  Tennessee. 


Provisional  Congress.  155 

RICHMOND,  January  13,  1862. 
To  the  Provisional  Congress  of  the  Confederate  States. 

I  transmit  herewith  a  report  and  accompanying  papers  from 
the  Secretary  of  State  in  answer  to  a  resolution*  of  the  Congress 
of  the  Confederate  States  of  the  loth  instant. 

JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE, 
RICHMOND,  January  23,  1862. 
Hon.  Howell  Cobb,  President  of  the  Provisional  Congress. 

Sir:  I  return  to  you  an  act  entitled  "An  Act  to  provide  for 
raising  and  organizing,  in  the  State  of  Missouri,  additional 
troops  for  the  Provisional  Army  of  the  Confederate  States," 
indorsed  "Passed  January  9,  1861  [1862],"  and  delivered  to  me 
probably  on  the  loth  day  of  January,  1862.  After  its  delivery 
I  was  informed  by  the  clerk  that  it  had  been  reconsidered  and 
substituted  by  an  act  entitled  "An  Act  to  provide  for  raising  and 
organizing,  in  the  State  of  Missouri,  additional  forces  for  the 
Provisional  Army  of  the  Confederate  States,"  which  was  in  many 
respects  similar  in  its  provisions  and  which  was  this  day  returned 
with  my  objections.!  Regarding  the  first  act  as  having  been  abro 
gated  by  Congress,  I  took  no  action  upon  it.  But  to-day  I  am  in 
formed  by  the  Secretary  of  Congress  that  the  record  of  the  re 
consideration  is  not  to  be  found  on  the  Journal.  Ten  days  having 
now  elapsed  since  the  act  was  sent  to  me,  I  am  precluded  from 
doing  anything  with  it  except  to  transmit  it  to  you  with  a  state 
ment  of  the  circumstances  which  caused  me  to  regard  the  paper 
as  invalid  and  not  requiring  consideration  or  action  on  my  part. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  January  25,  1862. 
To  the  Hon.  President  of  the  Congress. 

In  response  to  the  resolution  of  the  Congress  of  the  nth  inst. 

*Requesting  the   President  to  communicate   to   Congress   copies   of  all 
correspondence  with  Confederate  commissioners  abroad. 
tSee  page  160. 


156  Messages  and  Papers  of  the  Confederacy. 

I  herewith  transmit  a  communication  from  the  Secretary  of  War 
with  the  report  of  the  Chief  of  the  Commissariat  of  the  Army. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  February  15,  1862. 
To  the  Honorable  President  of  the  Congress. 

In  response  to  the  resolution  of  the  Congress  adopted  on  the 
loth  instant,  I  herewith  transmit  communications  from  all  the  re 
spective  Departments,  except  the  War  Department. 

I  am  informed  by  the  Secretary  of  War  that  so  great  is  the  press 
of  important  business  on  his  Department,  that  he  has  not  had  time, 
as  yet,  to  prepare  the  list  of  officers  as  desired,  but  will  do  so  at  his 
earliest  opportunity.  JEFFERSON  DAVIS. 


VETO  MESSAGES. 

To  the  Congress  of  the  Confederate  States. 

Gentlemen:  I  deem  it  my  duty  to  return  for  your  reconsidera 
tion,  with  my  objections,  "An  Act  regulating  furloughs  and  dis 
charges  in  certain  cases."  I  am  unable  to  sign  this  act,  as  my. 
judgment  does  not  approve  it,  and  I  respectfully  submit  to  you 
my  reasons  for  withholding  my  signature. 

By  the  terms  of  the  act  any  sick  or  invalid  soldier  now  out  of 
camp,  whether  in  hospital  or  not,  shall  be  entitled  to  furlough  or 
discharge  on  the  ground  of  bodily  disability,  upon  the  certificate 
of  any  surgeon  of  the  Confederate  States,  or  of  any  surgeon  of  a 
hospital  where  the  soldier  is  treated,  whether  such  surgeon  be  in 
the  Army  or  not.  My  objections  to  both  as  to  the  principles  of  this 
act  and  the  practical  difficulties  which  will  embarrass  its  execu 
tion: 

ist.  I  cannot  but  regard  it  as  extremely  unwise  to  grant  control 
over  any  soldier,  to  the  extent  of  discharging  him  from  service, 
to  any  body  of  men  not  employed  in  the  service  of  the  Govern 
ment,  over  whom  it  exercises  no  control,  and  who  present  to  it  no 


Provisional  Congress.  157 

guarantee  whatever  for  the  faithful  discharge  of  the  duties  im 
posed  on  them.  In  the  medical,  as  in  all  other  professions,  there 
are  incompetent  as  well  as  unworthy  men.  This  bill  proposes  to 
place  the  power  of  discharging  from  the  public  service  the  whole 
body  of  absent  soldiers,  now  amounting  to  probably  not  less  than 
thirty  thousand  men,  at  the  mercy  of  any  physician  who  may  call 
his  office  a  hospital.  The  absent  soldiers,  out  of  camp,  scattered 
over  the  entire  Confederacy,  are  to  be  allowed  to  leave  the  service 
at  pleasure  on  producing  the  certificate  of  some  man  who  signs 
himself  a  physician  in  charge  of  a  hospital.  No  means  are  pro 
vided  by  the  bill,  and  in  the  nature  of  things  no  means  can  well 
be  devised,  by  which  it  can  be  ascertained  at  the  office  of  the  Ad 
jutant  General  whether  the  signature  to  the  certificate  is  genuine 
or  not;  whether,  if  genuine,  the  signature  is  that  of  a  physician, 
nor  whether  the  signer,  if  he  be  a  physician,  have  really  a  hos 
pital  in  which  the  sick  soldier  is  treated.  I  venture  to  say  that 
there  is  not  a  man  now  out  of  camp,  whether  sick  or  well,  who 
could  not  readily  find  means  for  securing  such  a  certificate  as  this 
bill  contemplates  at  the  most  trifling  cost. 

2d.  Again,  the  bill  applies  to  those  only  who  are  now  out  of 
camp.  But  if  the  principle  of  the  bill  is  right,  its  application  should 
be  continuous  and  permanent,  and  I  cannot  discover  any  reason 
why  it  should  be  confined  to  those  not  in  camp.  If  a  man  out  of 
camp  is  to  have  his  discharge  on  a  certificate  of  a  surgeon  and 
when  far  removed  from  the  supervision  of  commanders,  why 
not  give  the  same  right  to  the  soldier  in  camp,  where  the  presence 
of  the  commander  would  at  least  check  the  issue  of  fraudulent 
certificates.  And  if  it  be  right  to  adopt  this  rule  at  all,  why  is  it 
not  as  well  applicable  to  men  who  will  be  absent  from  camp  next 
week  as  to  those  now  absent?  The  special  limitations  of  the  bill 
to  soldiers  out  of  camp,  and  to  those  only  now  out  of  camp,  indi 
cate  an  intention  to  provide  for  some  present  exceptional  emer 
gency  not  defined  with  sufficient  accuracy  to  prevent  great  mis 
chief  in  the  practical  working  of  the  law.  If  there  be  such  emer 
gency,  to  what  class  of  cases  does  it  extend  ?  Does  it  exist  every 
where,  or  only  at  one  or  more  determinate  points  ?  The  language 
of  the  bill  requires  to  be  better  guarded  to  meet  what  I  infer  from 
its  phraseology  to  be  an  exceptional  case ;  and  if  there  be  such  a 


158  Messages  and  Papers  of  the  Confederacy. 

case,  I  respectfully  submit  to  Congress  that  it  might  be  remedied 
in  a  less  objectionable  manner  than  is  provided  for  in  the  bill. 

3d.  It  is  obvious  that  the  intent  and  purpose  of  this  bill  was 
humane,  and  directed  to  ameliorating  the  condition  of  the  sick 
soldier,  but  in  very  many  cases  the  opposite  effect  will  be  pro 
duced.  The  sick  soldier,  entitled  to  either  furlough  or  discharge, 
now  obtains  it  through  the  regularly  appointed  officers  of  the 
Government,  provided  with  blank  forms  to  be  properly  filled  up, 
by  means  of  which  the  rights  of  the  soldier  to  his  transportation 
and  allowances  can  be  readily  liquidated.  But  by  the  provisions 
of  the  bill  it  will  very  frequently  occur  that  owing  to  irregulari 
ties  in  his  papers  it  will  be  impossible  that  his  account  can  be  set 
tled  at  the  office  of  the  paymaster ;  still  worse,  he  may  be  exposed 
to  the  loss  of  his  cherished  honor,  to  be  branded  as  a  deserter  by 
his  failure  to  secure  the  proper  evidence  of  his  honorable  dis 
charge. 

I  do  not  think  that  Congress  can  have  been  aware  that  some 
weeks  prior  to  the  passage  of  this  bill  the  War  Department  had 
issued  regulations,  relaxing  the  former  rules,  dispensing  with  many 
of  the  formalities,  and  simplifying  the  means  of  obtaining  fur 
loughs  and  discharges  for  the  sick.  I  annex  a  copy  of  these  reg 
ulations,  which  go  as  far  as,  in  my  opinion,  compatible  with  the 
necessities  of  the  service,  and  which  seem  to  me  to  render  the 
legislation  now  proposed  unnecessary.  JEFFERSON  DAVIS. 

[Received  December  14,  1861.] 


EXECUTIVE  OFFICE,  January  22,  1862. 
To  the  Congress  of  the  Confederate  States. 

After  mature  consideration  of  the  bill  to  encourage  the  manu 
facture  of  small  arms,  saltpeter,  and  of  gunpowder  within  the 
Confederate  States,  I  felt  constrained  to  return  it  with  the  follow 
ing  statement  of  objections:  By  its  provisions  the  bill  deprives  the 
Executive  of  the  discretionary  power  to  protect  the  Government 
against  unnecessary  or  improvident  contracts,  and  confers  upon 
individuals  who  may  propose  to  furnish  to  the  Government  any  of 
the  supplies  enumerated  the  right  to  demand  that  their  proposition- 
shall  be  accepted,  and  that  50  per  cent  of  the  amount  proposed  to 


Provisional  Congress.  159 

be  invested  shall  be  paid  from  the  public  Treasury  without  any 
other  condition  than  that  the  person  making  such  proposition  shall 
have  actually  expended  in  the  prosecution  of  the  proposed  work 
one-fourth  of  the  capital  to  be  invested  in  it,  and  that  his  under 
taking  shall  not  be,  in  the  opinion  of  the  Secretary  of  War,  vision 
ary  or  impracticable,  or  at  points  too  remote  for  the  advantage  of 
the  Confederacy.  As  an  example  of  the  disadvantageous  opera 
tion  of  the  bill  herewith  returned,  the  attention  of  Congress  is 
called  to  the  contemplated  case  of  the  manufacture  of  gunpowder. 
Our  present  necessity  is  not  for  an  increase  of  powder  mills,  but 
for  a  supply  of  the  material  for  the  manufacture  of  gunpowder. 
The  mills  now  in  existence,  and  which  could  be  readily  put  to 
work,  far  exceed  in  their  capacity  to  manufacture  our  ability  to 
supply  the  requisite  material.  Yet  under  the  operation  of  this 
bill  it  would  follow  that  any  one  who  should  propose  to  establish 
a  powder  mill  upon  unobjectionable  locality,  and  that  he  had  in 
vested  one-fourth  the  capital  to  be  employed,  would  be  entitled 
to  claim  an  advance  equal  to  50  per  cent  of  that  amount  for  a  work 
which  the  Government  did  not  require,  and  which,  as  there  is  no 
limitation  of  time  for  the  fulfillment  of  his  contract,  could  not  be 
pronounced  visionary  or  impracticable.  The  power  already  exists 
to  make  advances  equal  to  33  1-3  per  cent  on  contracts  for  arms 
or  munitions  of  war,  and  experience  has  not  shown  that  any  larger 
advance  is  necessary  to  stimulate  the  undertaking  of  such  con 
tracts ;  on  the  contrary,  it  has  not  yet  been  found  necessary  in  a 
single  instance  to  make  advances  to  the  full  amount  now  per 
mitted  by  law.  The  requirement  of  the  bill  that  liberal  profits 
shall  be  granted  and  an  extraordinary  advance  be  made,  coupled 
with  the  absence  of  any  Executive  discretion  to  refuse  any  con 
tract  proposed  for  the  supplies  mentioned  in  the  bill,  would  inev 
itably  expose  the  Treasury  to  heavy  drafts  from  the  class  of  spec 
ulating  contractors. 

I  regret  that  these  features  of  the  bill  compel  its  return,  as  some 
of  its  provisions  would  be  valuable  adjuncts  to  existing  legisla 
tion  in  enabling  the  Government  to  aid  in  the  establishment  of 
manufactures  of  arms  and  the  creation  of  artificial  saltpeter  beds. 

JEFFERSON  DAVIS. 


160  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  OFFICE,  RICHMOND,  January  22,  1862. 
To  the  Congress  of  the  Confederate  States. 

I  have  considered  a  bill  to  authorize  the  Secretary  of  War  to 
receive  into  the  service  of  the  Confederate  States  a  regiment  of 
volunteers  for  the  protection  of  the  frontier  of  Texas,  and  here 
with  return  it  to  the  Congress  with  a  statement  of  my  objections, 
which  are  respectfully  submitted  for  consideration. 

The  bill  provides  that  a  regiment  of  volunteers  is  to  be  raised 
by  the  State  of  Texas,  under  the  provisions  of  an  act  of  the  Leg 
islature  of  said  State,  and  directs  that  the  Secretary  of  War  shall 
receive  the  regiment  to  be  so  raised  and  incorporate  it  into  the 
Provisional  Army  of  the  Confederate  States. 

By  reference  to  the  act  of  the  Legislature  of  Texas,  a  copy  of 
which  accompanied  the  bill,  it  appears  that  all  that  discretion  and 
control,  which  of  necessity  is  vested  in  the  Executive  of  the  Con 
federate  States  over  all  troops  employed  in  their  service,  are  with 
held  by  the  act,  the  provisions  of  which  are  adopted  in  your  bill, 
the  posting  and  movement  of  the  troops  being  therein  confided 
to  the  Governor  of  the  State  under  the  plan  of  the  Legislature. 

There  are  other  objections  which  are  mainly  important  because 
they  disturb  the  uniformity  and  complicate  the  system  of  military 
administration  prescribed  by  the  laws  of  the  Confederate  States. 

Unity  and  cooperation  by  the  troops  of  all  the  States  are  indis 
pensable  to  success,  and  I  must  view  with  regret  this  as  all  other 
indications  of  a  purpose  to  divide  the  power  of  the  States  by  di 
viding  the  means  to  be  employed  in  efforts  to  carry  on  separate 
operations;  but,  if  in  any  case  it  be  advisable  that  such  separate 
action  should  be  taken,  it  seems  to  me  palpably  clear  that  it  should 
be  a  charge  against  the  individual  State,  rather  than  upon  the  com 
mon  treasury  of  the  Confederate  States.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE,  January  22,  1862. 
To  the  Congress  of  the  Confederate  States. 

After  mature  deliberation  I  have  not  been  able  to  approve  the 
bill  herewith  returned,  entitled  "An  Act  to  provide  for  raising  and 
organizing,  in  the  State  of  Missouri,  additional  forces  for  the 
Provisional  Army  of  the  Confederate  States." 

In  a  message  just  submitted  to  the  Congress  in  relation  to  cer- 


Provisional  Congress.  161 

tain  forces  to  be  raised  in  the  State  of  Texas,*  I  have  stated  the 
objections  entertained  to  any  legislative  discrimination  for  or 
against  a  particular  State,  thereby  disturbing  the  harmony  of  the 
system  adopted  for  the  common  defense.  In  a  bill  very  recently 
passed  by  the  Congress  a  new  plan  has  been  established  for  raising 
and  organizing  troops  for  the  Confederate  service.  By  the  pro 
visions  of  this  last-mentioned  law  you  have  given  me  authority  to 
raise  and  organize  troops  in  all  the  States  by  granting  commissions 
in  advance  of  the  actual  enlistment  of  the  troops  to  officers  below 
the  grade  of  general  officers  and  above  that  of  subalterns.  To  the 
officers  thus  commissioned  you  do  not  give  any  pay  or  allowances 
until  the  actual  organization  of  the  companies,  battalions,  or  reg 
iments  that  the  officers  so  commissioned  were  empowered  to  raise, 
and  you  do  not  allow  pay,  but  have  even  prohibited  the  allowance 
of  subsistence  or  transportation  to  the  men  enrolled  in  order  to 
enable  them  to  reach  the  rendezvous  of  their  companies.  By  the 
terms  of  the  bill  now  returned  an  exception  is  made  in  favor  of 
the  State  of  Missouri  alone.  By  the  provisions  of  the  bill  it  is  con 
templated  that  advance  commissions  shall  be  granted  to  officers  of 
all  grades  from  the  highest  general  officer  of  the  Provisional  Army 
to  the  lowest  subaltern  of  a  company,  and  that  the  officers,  whether 
of  the  staff  or  the  line,  thus  appointed  shall  receive  pay  from  the, 
date  of  their  respective  appointments  without  any  condition  ren 
dering  this  pay  dependent  on  their  success  in  raising  the  troops. 
The  general  bill  which  has  now  become  a  law  applicable  to  Mis 
souri  as  to  all  the  other  States  fixes  a  reasonable  term  within  which 
officers  commissioned  in  advance  must  succeed  in  raising  troops, 
under  penalty  of  forfeiting  their  commissions.  The  present  bill 
removes  this  salutary  restriction  and  vests  in  the  Executive  the 
dangerous  power  not  only  of  appointing  at  his  discretion  an  un 
limited  number  of  military  officers  irrespective  of  any  troops  to 
be  commanded  by  them,  but  allows  him  to  retain  the  officers  so 
appointed  in  the  public  service  at  the  public  expense  during  the 
Executive  pleasure. 

I  am  not  able  to  perceive  in  the  present  condition  of  public  af 
fairs  in  the  State  of  Missouri  the  necessity  which  would  form  the 
only  possible  excuse  for  a  grant  of  such  power  to  a  constitutional 

*See  page   160. 
1 1 


162  Messages  and  Papers  of  the  Confederacy. 

Executive.  I  receive  assurances  from  those  whose  sources  of  in 
formation  are  entirely  reliable  that  the  raising  and  organization  of 
troops  in  Missouri  for  service  in  the  Confederate  Army  are  suc 
cessfully  progressing,  and  that  within  a  very  few  days  the  muster 
rolls  will  be  received,  thus  placing  it  in  my  power  to  organize  the 
Army  in  that  State  on  precisely  the  same  footing  as  in  all  the  oth 
ers,  and  thus  avoid  any  need  for  exceptional  legislation. 

Tn  addition  to  these  objections  founded  on  principle  there  would 
be  a  practical  difficulty  in  the  operation  of  the  bill,  which  appears 
insurmountable.  All  the  troops  now  in  service  in  the  State  of 
Missouri  are  State  troops,  commanded  by  State  officers,  which 
have  never  been  tendered  or  received  in  the  Confederate  service. 
In  exercising  the  power  of  appointment  proposed  to  be  vested  in 
me  by  the  bill  the  best  hope  for  success  in  its  purpose  would  be 
founded  on  selecting  those  officers  who  had  distinguished  them 
selves  in  command  and  had  become  endeared  to  the  troops.  But 
this  would  be  to  deprive  the  State  troops  of  their  commanding 
officers  during  the  whole  period  necessary  for  the  enrollment  and 
organization  of  the  troops  under  Confederate  laws.  Missouri 
would  thus  be  left  comparatively  defenseless  whilst  the  reorgan 
ization  was  progressing.  Therefore  regarding  this  bill  as  impolitic 
and  unnecessary,  it  is  submitted  for  your  reconsideration. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  February  i,  1862. 
To  the  Confederate  Congress. 

I  return  with  my  objections  the  bill  passed  by  you  entitled  "An 
Act  to  provide  for  granting  furloughs  in  certain  cases." 

Before  proceeding  to  lay  before  you  the  special  objections  en 
tertained  to  the  provisions  of  this  bill  it  is  proper  that  I  should  ex 
press  the  firm  conviction  that  it  is,  from  the  nature  of  things,  im 
practicable  to  administer  an  army  in  the  field  by  statute.  The 
Constitution  vests  in  the  Congress  the  power  "to  make  rules  for 
the  government  and  regulation  of  the  land  and  naval  forces." 
None  can  deny  the  wisdom  of  this  provision,  nor  the  propriety  of 
the  exercise  of  this  power  by  the  Congress  in  its  full  extent ;  but 
there  is  an  obvious  distinction  between  making  rules  for  the  gov- 


Provisional  Congress.  163 

crnment  of  the  Army  and  undertaking  to  administer  the  Army  by 
statute.  When  rules  are  established  for  the  regulation  of  such 
matters  as  are  in  their  nature  susceptible  of  fixed  and  unvarying 
application,  there  can  be  no  impolicy  in  providing  them  by  statute. 
Thus  we  have  by  law  fixed  guides  for  organization,  for  the  com 
position  of  the  different  corps,  for  the  number  of  officers  and  their 
grades,  for  the  respective  duties  assigned  to  the  staff  in  its  sev 
eral  branches,  and  numerous  like  provisions  that  remain  in  force 
in  all  localities,  in  the  presence  as  well  as  the  absence  of  the  enemy, 
and  uninfluenced  by  the  exigencies  of  any  particular  occasion. 
But  there  are  other  matters  which  are  essentially  administrative 
in  their  character,  and  are  not  susceptible  of  being  determined  by 
the  rigid  prescriptions  of  statutes  which  executive  officers  are 
bound  to  obey  under  all  circumstances  and  without  the  exercise  of 
any  discretion.  Suppose  Congress  should  attempt  to  fix  by  law 
of  wrhat  camp  equipage  should  always  consist,  or  the  precise  kind 
and  quality  of  clothing  to  be  furnished,  or  the  exact  amount  and 
kind  of  transportation  to  be  allowed  for  each  regiment,  is  it  not 
obvious  that  these  details  depend  so  entirely  on  time,  place,  and 
circumstances,  and  are  so  essentially  variable  in  their  character, 
that  the  uniform  compliance  with  such  laws  would  be  practically 
impossible?  Suppose  Congress  should  establish  by  law  the  pre 
cise  proportion  of  infantry,  cavalry,  and  artillery  to  be  attached 
to  each  body  of  troops  in  service.  This  would  not  be  a  rule  for 
the  government  of  the  Army,  but  an  attempt  at  a  statutory  admin 
istration  of  it  which  could  not  but  be  found  impolitic,  even  if  it 
were  practicable. 

Now,  the  act  in  question  presents  precisely  the  same  objection 
able  features.  It  establishes  a  rule  over  which  there  is  no  dis 
cretionary  power  under  any  circumstances  whatsoever  by  which 
a  commanding  general,  in  the  face  of  superior  numbers  and  with 
his  capacity  for  defense  taxed  to  the  utmost,  may  find  his  forces 
still  further  reduced  by  the  action  of  his  subordinates,  not  only 
against  his  consent,  but  without  his  knowledge,  and  in  ignorance 
of  his  necessities  and  the  purposes  of  their  Government.  No  more 
striking  example  could  be  afforded  of  the  impolicy  of  such  a  law 
than  is  presented  by  our  condition  at  this  time.  Our  armies  are  in 
force  inferior  to  the  enemy  at  the  two  points  most  vital  to  the  de 
fense  of  the  countrv.  The  enlistment  of  the  twelve-months'  men 


164  Messages  and  Papers  of  the  Confederacy. 

is  soon  to  expire,  and  in  order  to  secure  their  entry  for  a  further 
term  into  service  you  have  directed  that  furloughs  be  granted  to 
them  as  far  as  compatible  with  the  safety  of  the  respective  com 
mands.  If  the  bill  in  question  becomes  a  law,  it  will  at  once  be  nec 
essary  to  diminish  the  number  of  furloughs,  which  might  other 
wise  be  granted  as  inducement  to  reenlistments,  and  to  that  extent 
the  attainment  of  this  most  desirable  object  must  be  obstructed. 
From  the  West  and  from  the  South,  from  many  and  important 
points  urgent  calls  for  reinforcement  are  received  by  the  Depart 
ment  of  War  which  it  is  not  possible  to  satisfy.  At  this  crisis,  with 
out  any  check  or  control  by  commanding  generals,  5  per  cent  of 
their  effective  forces  would  be  withdrawn  under  the  provisions  of 
this  bill.  With  conflicts  impending  against  an  enemy  greatly  our 
superior  in  numbers,  our  safety  is  dependent  on  keeping  in  the 
field  every  effective  man  that  can  be  furnished  with  a  weapon ; 
this  bill,  therefore,  it  seems  to  me,  is  most  inopportunely  pre 
sented. 

If  from  these  general  objections  we  turn  to  the  details  of  the 
bill,  other  considerations  are  presented  which  would  alone  pre 
vent  my  giving  it  approval.  This  may  be  stated  briefly  as  follows, 
viz.: 

First.  The  furlough  for  disability  is  to  be  granted  upon  the 
surgeon's  certificate,  not  of  the  vital  necessity  for  leave  of  ab 
sence,  but  of  the  surgeon's  opinion  that  the  patient's  "health  would 
be  improved  by  a  temporary  sojourn  at  home."  It  is  plain  that 
every  man  in  the  Army,  to  whose  health  camp  life  was  thus  be 
lieved  to  be  detrimental,  could  at  onee  demand  a  furlough  under 
this  provision. 

Second.  The  colonel's  power  to  grant  a  furlough  on  such  a  cer 
tificate  as  is  above  mentioned  is  without  the  check  or  control  of 
higher  authority,  and  is  unlimited  as  to  time  and  to  number  of 
cases. 

Third.  Any  soldier  that  can  get.  the  certificate  of  any  hospital 
surgeon  can  be  sent  home  on  furlough  or  discharged  without  the 
knowledge  or  consent  of  any  of  his  officers,  either  company  or 
regimental.  The  surgeon  has  only  to  certify  that  the  soldier  "is 
too  remote  from  his  commanding  officer  to  procure  his  certificate 
for  a  furlough  or  discharge  without  inconvenience  and  delay." 

When  troops  are  in  the  field,  it  is  always  true  of  a  soldier  in 


Provisional  Congress.  165 

hospital,  that  the  commanding  officer's  certificate  cannot  be  ob 
tained  "without  inconvenience  and  delay,"  so  that  the  soldier,  ab 
sent  from  camp,  can  alzvays  get  a  furlough  or  discharge  without 
the  knowledge  of  his  commander. 

Fourth.  The  large  number  of  soldiers,  that  will  be  constantly 
traveling  on  the  railroads  on  the  proposed  system  of  a  ten  days' 
furlough  for  five  per  cent  of  all  the  effective  men,  together  with 
the  sick  leaves  provided  for,  will  form  an  average  of  probably  not 
less  than  fifteen  or  twenty  thousand  men  in  constant  movement. 
This  would  occupy  the  transportation  facilities,  already  much  too 
limited,  to  such  an  extent  as  seriously  to  impair  the  movement  of 
troops  and  supplies. 

In  whatever  aspect  the  proposed  legislation  is  contemplated,  I 
canrrot  view  it  otherwise  than  as  dangerous  to  the  public  safety, 
and  I  most  earnestly  recommend  that,  in  taking  it  again  into  con 
sideration,  Congress  will  weigh  any  possible  advantage  that  can 
result  from  this  measure  against  the  disasters,  that  are  not  only 
the  possible,  but,  as  it  appears  to  me,  the  probable  results  of  its 
adoption.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  February  4,  1862. 
To  the  Congress  of  the  Confederate  States. 

Gentlemen:  I  return,  with  my  objections,  the  bill  entitled  "An 
Act  to  repeal  so  much  of  the  laws  of  the  United  States  adopted  by 
the  Congress  of  the  Confederate  States  as  authorizes  the  natural 
ization  of  aliens."  My  objections  are  the  following,  viz. : 

First.  The  bill  does  not  save  the  rights  of  aliens  who  were  dom 
iciled  in  the  Confederate  States  at  the  beginning  of  this  revolution 
and  had  already  commenced  the  proceedings  necessary  to  their 
naturalization.  It  would  be  manifest  injustice  to  such  aliens  as 
have  remained  among  us  and  have  sympathized  with  and  aided  us 
in  our  struggle  to  cut  them  off  from  these  rights,  at  least  inchoate, 
and  deprive  them  of  the  boon  held  out  to  them  by  laws  to  which 
we  were  assenting  parties  at  the  time  they  emigrated  to  the  Con 
federacy. 

Second.  While  there  is  perhaps  no  direct  prescription  of  the 
Constitution  making  it  the  duty  of  Congress  to  establish  a  rule  of 
naturalization,  I  submit  that  in  addition  to  the  grant  of  that  power 


1 66  Messages  and  Papers  of  the  Confederacy. 

made  to  Congress  the  States  in  the  permanent  Constitution  have 
surrendered  the  power  formerly  exercised  by  some  of  them  of  per 
mitting  aliens  to  vote  even  in  State  elections  until  naturalized  as 
citizens  of  the  Confederate  States — Article  I,  Section  2.  A  com 
parison  of  these  provisions  leads  to  the  conclusion  that  it  was  in 
contemplation  of  the  States  that  Congress  should  exercise  the 
power  vested  in  it,  and  it  does  not  appear  to  me  to  be  a  fair  com 
pliance  with  the  just  expectations  of  the  States  to  repeal  in  mass 
all  laws  providing  for  the  naturalization  of  aliens  without  sub 
stituting  some  other  system  that  may  commend  itself  to  the  wis 
dom  of  Congress. 

These  are  my  special  objections  to  the  act  as  passed,  but  I  beg 
permission  to  say  that  the  general  policy  indicated  by  its  pro 
visions  appears  to  be  at  least  questionable.  That  there  is  no»pres- 
ent  necessity  for  such  legislation  is  obvious,  for  there  has  not  been, 
and  we  cannot  expect  there  will  be,  immigration,  except  on  the 
part  of  such  as  are  disposed  to  aid  us  in  our  struggle.  To  the 
future,  which  may  well  be  left  to  take  care  of  itself  on  this  subject, 
it  is  submitted  whether  legislation  intended  to  effect  entire  exclu 
sion  from  citizenship  of  all  who  are  not  born  on  the  soil  will  be 
deemed  in  accordance  with  the  civilization  of  the  age. 

In  conclusion,  it  can  scarcely  be  necessary  to  point  out  the  evil 
effects  that  may  be  produced  on  aliens  now  serving  in  our  Army 
and  on  those  of  our  fellow-citizens  who  are  of  foreign  birth,  by 
what  will  be  considered  as  a  legislative  stigma  cast  on  them  as  a 
class.  JEFFERSON  DAVIS. 


PROCLAMATIONS. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  an  act  of  the  Congress  of  the  Confederate  States  of 
America,  approved  this,  the  28th  day  of  November,  1861,  pro 
vides  that,  "the  State  of  Missouri  be,  and  is  hereby  admitted,  as 
a  member  of  the  Confederate  States  of  America,  upon  an  equal 
footing  with  the  other  States  of  this  Confederacy,  under  the  Con 
stitution  for  the  Provisional  Government  of  the  same :" 


Provisional  Congress.  167 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States  of  America,  do  issue  this,  my  proclamation,  making 
known  to  all  whom  it  may  concern  that  the  admission  of  the  said 
State  of  Missouri  into  the  Confederacy  is  complete,  and  that  the. 
laws  of  the  Confederacy  are  extended  over  said  State  as  fully  and 
completely  as  over  the  other  States  composing  the  same. 

In   testimony   whereof,   I   have  hereunto   signed   my 

name  and  caused  the  seal  of  the  Confederate  States  to 

[SEAL.]    ^e  an^xec]^  at  Richmond,  this  28th  day  of  November, 

A.D.  1 86 1.  JEFFERSON  DAVIS. 

By  the  President : 

R.  M.  T.  HUNTER,  Secretary  of  State. 


BY  THE   PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Where? s,  an  act  of  the  Congress  of  the  Confederate  States  of 
America  entitled  "An  Act  to  organize  the  Territory  of  Arizona," 
was  approved  by  me  on  the  i8th  day  of  January,  1862  ;  and  where 
as,  it  is  therein  declared  that  the  provisions  of  the  act  are  suspend 
ed  until  the  President  of  the  Confederate  States  shall  issue  his 
proclamation  declaring  the  act  to  be  in  full  force  and  operation, 
and  shall  proceed  to  appoint  the  officers  therein  provided  to  be 
appointed  in  and  for  said  Territory : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States  of  America,  do  issue  this  my  proclamation  declaring 
said  "Act  to  organize  the  Territory  of  Arizona"  to  be  in  full  force 
and  operation,  and  that  I  have  proceeded  to  appoint  the  officers 
therein  provided  to  be  appointed  in  and  for  said  Territory. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States  of 
America  at  Richmond,  this  fourteenth  day  of  February,  A.D.  1862. 

[SEAL.]  JEFFERSON  DAVIS. 

By  the  President : 

R.  M.  T.  HUNTER,  Secretary  of  State. 


1 68  Messages  and  Papers  of  the  Confederacy. 

RESOLUTIONS  OF  THANKS. 

Be  it  resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  thanks  of  the  people  of  the  Confederate  States 
are  eminently  due,  and  are  hereby  tendered,  to  Major  General 
Sterling  Price,  and  the  Missouri  Army  under  his  command,  for 
the  gallant  conduct  they  have  displayed  throughout  their  service 
in  the  present  war,  and  especially  for  the  skill,  fortitude,  and 
courage  by  which  they  gained  the  brilliant  achievement  at  Lex 
ington,  Mo.,  resulting,  on  the  twentieth  day  of  September  last, 
in  the  reduction  of  that  town  and  the  surrender  of  the  entire  Fed 
eral  Army  there  employed. 

Be  it  resolved  further,  That  a  copy  of  this  resolution  be  com 
municated  by  the  President  to  General  Price,  and,  through  him 
to  the  army  then  under  his  command. 

Approved  December  3,  1861. 

Whereas,  under  the  providence  of  God,  the  valor  of  the  soldiers 
of  the  Confederate  States  has  added  another  glorious  victory, 
achieved  at  Belmont,  in  the  State  of  Missouri,  on  the  seventh  day 
of  November  last,  to  those  which  had  been  so  graciously  vouch 
safed  to  our  arms,  whereby  the  reduction  of  Columbus,  in  the 
State  of  Kentucky,  has  been  prevented,  and  the  contemplated  de 
scent  of  the  enemy  down  the  Mississippi  River  effectually  stayed ; 
therefore, 

Be  it  resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  thanks  of  Congress  are  most  heartily  tendered 
to  Major  General  Leonidas  Polk,  Brigadier  General  Gideon  J. 
Pillow,  Brigadier  General  Benjamin  F.  Cheatham,  and  the  officers 
and  soldiers  of  their  gallant  commands  for  the  desperate  courage 
they  exhibited  in  sustaining  for  several  hours,  and  under  most 
disadvantageous  circumstances,  an  attack  by  a  force  of  the  enemy 
greatly  superior  to  their  own,  both  in  numbers  and  appointments ; 
and  for  the  skill  and  gallantry  by  which  they  converted  what  at 
first  threatened  so  much  disaster,  into  a  triumphant  victory. 

Resolved  further,  That  these  resolutions  are  intended  to  ex 
press  what  is  believed  to  be  the  grateful  and  admiring  sentiment 
of  the  whole  people  of  the  Confederacy. 

Resolved  further,  That  they  be  communicated  to  the  commands 


Provisional  Congress.  169 

of  Major  General  Polk,  Brigadier  General  Pillow,  and  Brigadier 
General  Cheatham  by  the  proper  Department  of  the  Government. 
Approved  December  6,  1861. 

Be  it  resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  Brigadier  General  N.  G.  Evans,  and  the  officers  and 
soldiers  under  his  command,  for  the  brilliant  victory  achieved  by 
them  over  largely  superior  forces  of  the  enemy  in  the  battle  of 
Leesburg. 

Approved  December  18,  1861. 

First.  Resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  thanks  of  Congress  are  due,  and  are  hereby  ten 
dered,  to  Colonel  Edward  Johnson,  and  to  the  officers  and  men 
under  his  command,  for  gallant  and  meritorious  services  at  the 
summit  of  Alleghany  Mountain,  in  Virginia,  on  the  thirteenth  day 
of  December,  eighteen  hundred  and  sixty-one,  when  for  more 
than  six  hours  they,  with  remarkable  courage  and  constancy,  sus 
tained  an  assault  made  upon  their  position  by  fourfold  their  num 
ber,  and  finally  drove  the  enemy  in  disorder,  and  with  heavy  loss, 
from  the  field. 

Second.  That  the  foregoing  resolution  be  communicated  to  said 
command,  by  the  Secretary  of  War,  and  be  made  known  in  general 
orders. 

Approved  January  10,  1862. 


Alexander  H.  Stephens. 


Alexander  H.  Stephens. 

ALEXANDER  HAMILTON  STEPHENS  was  born  near  Crawfords- 
ville,  Ga.,  on  February  n,  1812.  His  grandfather,  Alexander 
Stephens,  was  an  Englishman  and  an  adherent  of  Prince  Charles 
Edward,  and  came  to  this  country  in  1746.  He  settled  in  the 
Penn  colony,  was  in  several  conflicts  with  the  Indians,  and 
was  a  captain  in  the  Revolutionary  War.  After  the  war  was  over 
he  removed  to  Georgia.  At  the  age  of  fifteen  Alexander  Hamilton 
became  an  orphan  and  was  given  a  place  in  the  school  in  Washing 
ton,  Ga.,  that  was  being  taught  by  Rev.  Alexander  Hamilton 
Webster,  a  Presbyterian  -minister,  from  whom  he  took  his  middle 
name.  With  the  intention  of  becoming  a  Presbyterian  minister 
himself,  he  accepted  the  offer  of  their  educational  society  to  at 
tend  college.  He  entered  Franklin  College  (afterwards  the  State 
University)  in  1828,  and  graduated  therefrom  in  1832  with  the 
first  honors.  Having  determined  not  to  become  a  minister,  he 
subsequently  taught  school,  earned  the  money,  and  repaid  the  in 
debtedness  for  his  education.  On  July  22,  1834,  he  was  admitted 
to  the  bar.  In  1836  was  elected  to  the  State  Legislature,  after 
bitter  opposition  because  of  his  fight  against  nullification.  This 
opposition  was  repeated  until  1841,  when  he  declined  reelection. 
As  a  member,  he  favored  liberal  appropriations  for  railroads  in 
his  State,  and,  by  his  advocacy,  a  charter  for  the  female  college 
at  Macon,  Ga.,  was  secured,  the  first  in  the  world  for  the  regular 
graduation  of  young  women  in  the  classics  and  sciences ;  was 
a  delegate  to  the  Charleston  Commercial  Convention  of  1839; 
was  elected  to  Congress  in  1843,  on  a  general  State  ticket,  but 
supported  an  act  requiring  the  States  to  be  divided  into  Congres 
sional  districts.  He  remained  in  Congress  for  sixteen  years.  In 
1838-39  he  favored  the  annexation  of  Texas  by  resolution  of  Con 
gress,  but  opposed  President  Tyler's  treaty  of  1844,  and  also  op 
posed  Mr.  Polk's  Mexican  War  policy.  In  1848,  in  a  personal 
•difficulty  with  Judge  Cone,  in  Atlanta,  growing  out  of  a  political 


1 74          Messages  and  Papers  of  the  Confederacy. 

dispute,  he  was  severely  cut  in  the  right  hand.  He  supported 
General  Taylor  for  President  in  1848.  In  1850,  he  opposed  seces 
sion,  and  wrote  what  was  called  the  "Georgia  Platform,"  which 
declared  "the  American  Union  secondary  in  importance  only  to 
the  rights  and  principles  it  was  designed  to  perpetuate."  He  de 
clined  to  support  General  Scott  for  President  in  1852,  but,  with 
a  few  other  prominent  Whigs,  voted  for  Mr.  Webster  after  he 
was  dead.  In  1854,  he  defended  "Popular  Sovereignty,"  as  for 
mulated  by  Mr.  Douglas  in  the  Kansas-Nebraska  Act.  He  aided 
in  electing  President  Buchanan  in  1856,  although  he  had  formerly 
opposed  him,  and  during  his  term  of  office  he  placed  himself  in 
antagonism  to  his  administration.  He  resigned  his  seat  in  Con 
gress  in  1859,  and  in  1860  supported  Mr.  Douglas  for  President. 
He  did  not  regard  the  election  of  Mr.  Lincoln  of  itself  a  justi 
fication  for  secession,  and  on  November  14,  1860,  made  a  Union 
speech  which  attracted  attention  throughout  the  country.  He  was 
elected  a  member  of  the  Georgia  Convention  of  1861,  and  sought 
to  delay  the  passage  of  the  Secession  Ordinance.  His  objections 
were  to  the  expediency  of  immediate  secession  and  not  at  all  to  the 
right  of  his  State  to  withdraw  from  the  Union.  When  the  State 
Convention  of  Georgia  adopted  the  Ordinance  of  Secession,  how 
ever,  he  at  once  yielded  obedience  and  was  chosen  a  delegate  to 
the  Provisional  Congress  which  had  been  appointed  to  assemble 
at  Montgomery,  Ala.,  by  which  he  was  chosen  Vice  President  of 
the  Provisional  Government  of  the  Confederate  States.  He  was 
sent  as  a  commissioner  on  behalf  of  the  Confederacy  to  treat  with 
Virginia  on  the  subject  of  her  union  with  the  Confederacy  and  to 
negotiate  and  advise  with  her.  He  assisted  earnestly  in  framing 
the  Constitution  for  the  new  Government,  and  believed  it  was  a 
great  improvement  on  the  Constitution  of  the  United  States.  He 
said  of  it  that  "the  whole  document  utterly  negatives  the  idea  which 
so  many  have  been  active  in  endeavoring  to  put  in  the  enduring 
form  of  history,  that  the  convention  at  Montgomery  was  nothing 
but  a  set  of  'conspirators'  whose  object  was  the  overthrow  of  the 
principles  of  the  Constitution  of  the  United  States  and  the  erection 
of  a  great  'Slave  Oligarchy'  instead  of  the  free  institutions  there 
by  secured  and  guaranteed.  This  work  of  the  Montgomery  Con 
vention,  with  that  of  the  Constitution  for  a  Provisional  Govern 
ment,  will  ever  remain  not  only  as  a  monument  of  the  wisdom,. 


Alexander  H.  Stephens.  175 

foresight,  and  statesmanship  of  the  men  who  constituted  it,  but 
an  everlasting  refutation  of  the  charges  which  have  been  brought 
against  them.  These  works  together  show  clearly  that  their  only 
leading  object  was  to  sustain,  uphold,  and  perpetuate  the  funda 
mental  principles  of  the  Constitution  of  the  United  States."  He 
favored  the  "peace  policy"  which  was  manifested  by  the  sending 
of  commissioners  by  the  Confederacy  to  Washington  in  1861,  and 
said  he  was  astonished  at  the  treatment  they  received  there, 
and  charged  Mr.  Seward  with  duplicity  in  dealing  with  them. 

At  the  election  in  November,  1861,  he  was  chosen  by  a  unani 
mous  vote  Vice  President  of  the  Confederate  States,  on  the  ticket 
with  President  Davis;  was  inaugurated  on  February  22,  1862, 
and  filled  this  position  throughout  the  life  of  the  Confederacy. 
He  was  called  upon  and  made  numerous  addresses  to  the  people 
at  critical  periods  during  the  war,  in  all  of  which  he  characterized 
the  invasion  of  the  South  as  an  unjust  war  for  conquest  and  sub 
jugation. 

In  a  speech  delivered  during  the  second  year  of  the  war,  he  said  : 
"The  States  south  had  done  nothing  but  what  was  their  right— 
their  inalienable  right  to  do,  the  same  as  their  ancestors  did,  in 
common  with  the  North,  when  they  severed  their  connection  with 
the  British  Government.  This  war  was  waged  by  the  North  in 
denial  of  this  right,  and  for  the  purpose  of  conquest  and  subjuga 
tion.  It  was,  therefore,  aggressive,  wanton,  and  unjust.  Such 
must  be  the  judgment  of  mankind,  let  its  results  be  what  they  may. 
The  responsibility,  therefore,  for  all  its  sacrifices  of  treasure  and 
blood,  heretofore  or  hereafter  to  be  made  in  its  prosecution,  rests 
not  upon  us.  What  is  all  this  for?  Why  this  array  of  armies? 
Why  this  fierce  meeting  in  mortal  combat  ?  What  is  all  this  car 
nage  and  slaughter  for?  Why  the  prolongation  of  this  conflict? 
Why  this  lamentation  and  mourning  going  up  from  almost  every 
house  and  family  from  Maine  to  the  Rio  Grande,  and  from  the 
Atlantic  and  Gulf  to  the  Lakes,  for  friends  and  dear  ones  who  have 
fallen  by  disease  and  violence  in  this  unparalleled  struggle?  The 
question,  if  replied  to  by  the  North,  can  have  but  one  true  answer. 
What  is  all  this  for,  on  their  part,  but  to  overturn  the  principle 
upon  which  their  own  Government,  as  well  as  ours,  is  based — 
to  reverse  the  doctrine  that  governments  derive  'their  just  powers 
from  the  consent  of  the  governed  ?'  What  is  it  for  but  to  overturn 


176  Messages  and  Papers  of  the  Confederacy. 

the  principles  and  practice  of  their  own  Government  from  the 
beginning?  That  Government  was  founded  and  based  upon  the 
political  axiom  that  all  States  and  peoples  have  the  inalienable  right 
to  change  their  forms  of  government  at  will.  This  principle  was 
acted  on  in  the  recognition  by  the  United  States  of  the  South 
American  republics.  It  was  the  principle  acted  on  in  the  recogni 
tion  of  Mexico.  It  was  acted  on  in  the  struggle  of  Greece  to  over 
throw  the  Ottoman  rule.  On  that  question,  the  great  constitutional 
expounder  of  the  North,  Mr.  Webster,  gained  his  first  laurels  as 
an  American  statesman.  This  principle  was  acted  on  in  the  recog 
nition  of  the  Government  of  Louis  Philippe,  on  the  overthrow 
of  Charles  X.  of  France ;  and  again  in  the  recognition  of  the  La- 
martine  Government,  on  the  overthrow  of  Louis  Philippe  in  1848. 
The  same  principle  was  again  acted  upon  without  dissent  in  1852, 
in  the  recognition  of  the  Government  of  Louis  Napoleon ;  and  in 
the  recognition  of  Texas,  when  she  seceded,  or  withdrew,  from 
the  Government  of  Mexico.  Well  may  any  and  every  one,  North 
or  South,  exclaim,  What  is  all  this  for  ?  What  have  we  done  to  the 
North?  When  have  we  ever  wronged  them?  We  quit  them,  it 
is  true,  as  our  ancestors  and  their  ancestors  quit  the  British  Gov 
ernment.  We  quit  as  they  quit — upon  a  question  of  constitution 
al  right.  That  question  they  determined  for  themselves,  and  we 
have  but  done  the  same.  What,  therefore,  is  all  this  for?  Why 
this  war  on  their  part  against  the  uniform  principles  and  practice 
of  their  own  Government?  It  is  a  war,  in  short,  on  their  part 
against  right,  against  reason,  against  justice,  against  nature.  If 
asked  on  our  side  what  is  all  this  for,  the  reply  from  every  honest 
breast  is  that  it  is  for  home,  for  firesides,  for  our  altars,  for  our 
birthrights,  for  property,  for  honor,  for  life — in  a  word,  for  every 
thing  for  which  freemen  should  live,  and  for  which  all  deserving 
to  be  freemen  should  be  willing,  if  need  be,  to  die." 

He  opposed  earnestly  some  of  the  financial  measures  of  the 
administration  of  Mr.  Davis  during  the  war,  as  he  also  did  the 
Conscription  Act  and  the  suspension  of  the  writ  of  habeas  corpus, 
but  his  friendly  intercourse  with  President  Davis  and  Cabinet  was 
not  broken.  He  said  "these  differences,  however  wide  and  thor 
ough  as  they  were,  caused  no  personal  break  between  us,"  a  state 
ment  concurred  in  by  Mr.  Davis.  When  Mr.  Davis  was  charged 
with  being  guilty  of  cruel  treatment  of  Northern  prisoners  of 


Alexander  ff.  Stephens.  177 

war,  Mr.  Stephens  vigorously  defended  him  and  characterized 
all  such  charges  as  one  of  "the  boldest  and  baldest  .attempted  out 
rages  upon  the  truths  of  history  which  has  ever  been  essayed ; 
not  less  so  than  the  infamous  attempt  to  fix  upon  him  and  other 
high  officials  on  the  Confederate  side  the  guilt  of  Mr.  Lincoln's  as 
sassination."  A  final  effort  was  made  to  secure  peace  by  means  of 
a  Commission,  in  February,  1865,  of  which  Mr.  Stephens  was  the 
head,  his  associates  being  John  A.  Campbell  and  R.  M.  T.  Hunter. 
This  Commission  met  Mr.  Lincoln  and  Mr.  Seward  in  Hampton 
Roads,  on  February  3,  and  Mr.  Stephens  was  the  chief  spokes 
man.  The  effort  failed,  and  with  the  other  Confederate  com 
missioners  he  returned  to  Richmond,  and  subsequently  gave  a  full 
statement  of  his  recollections  of  all  that  occurred  in  the  Confer 
ence.  Soon  after  returning  to  Richmond,  he  left  for  his  home, 
where  he  remained  in  retirement  until  his  arrest,  on  May  II,  1865. 
lie  was  sent  as  a  prisoner  to  Fort  Warren,  Boston  Harbor,  where 
he  was  kept  in  confinement  for  five  months.  In  October,  he  was 
released  on  his  own  parole.  In  February,  1866,  he  was  elected 
to  the  Senate  of  the  United  States  by  the  Legislature  of  Georgia, 
but  was  refused  his  seat  by  the  Senate.  In  1867,  he  published 
the  first  volume  of  his  "War  between  the  States."  He  was  chosen 
Professor  of  Political  Science  and  History  in  the  University  of 
Georgia  in  December,  1868;  but  declined  to  accept,  on  account  of 
failing  health.  He  published  the  second  volume  of  his  "War  be 
tween  the  States"  in  1870,  and  later  published  "A  School  History 
of  the  United  States."  In  1871,  he  taught  a  law  class  and  became 
the  editor  and  part  proprietor  of  a  newspaper  in  Atlanta.  He 
was  a  candidate,  in  November,  1871,  for  the  United  States  Senate, 
but  failed  of  election.  In  1874,  he  was  elected  to  the  House  of 
Representatives,  and  remained  in  Congress  until  1882,  when  lie 
resigned.  The  same  year,  he  was  elected  Governor  of  his  State, 
by  a  majority  of  more  than  60,000  over  Gen.  L.  J.  Gartrell,  a  law 
yer  and  an  ex-Confederate  officer.  His  last  speech  was  made  at 
the  Georgia  Sesquicentennial  Celebration,  in  Savannah,  on  Feb 
ruary  12,  1883.  In  personal  appearance  Mr.  Stephens  was  slen 
der  and  boyish-looking,  and  his  voice  was  weak  and  piping.  He 
was  a  chronic  sufferer  from  illness,  and  weighed  less  than  one 
hundred  pounds.  During  his  last  years  of  service  in  Congress 
he  was  crippled  by  a  fall  and  by  rheumatism,  was  compelled 
12 


178  Messages  and  Papers  of  the  Confederacy. 

to  use  crutches,  and  was  moved  from  place  to  place  in  a  wheel 
chair.  Notwithstanding  his  infirmity  and  great  physical  weak 
ness,  his  mind  and  intellect  were  perfectly  clear  and  keen,  and  he 
was  still  a  vigorous  thinker,  participating  quite  prominently  in  the 
debates.  He  enjoyed  in  an  unusual  degree  the  confidence  of  both 
sides  of  the  House,  and  always  when  he  spoke,  as  he  was  com 
pelled  to  do  from  his  invalid  chair,  the  members  of  either  side 
clustered  about  him  in  order  that  they  might  catch  every  word 
which  fell  from  his  lips.  A  tribute  such  as  this  from  his  polit 
ical  opponents  on  the  floor  of  the  House  of  Representatives  was 
the  more  marked  and  noticeable  when  bestowed  upon  Mr.  Ste 
phens,  because  he  had  been,  next  to  Mr.  Davis,  the  most  conspicu 
ous  officeholder  in  the  Confederacy,  and  at  that  time  the  bitterness 
engendered  by  the  Civil  War  was  still  very  pronounced  in  that 
body.  He  died  while  still  in  the  office  of  Governor,  on  March  4, 
1883,  and  was  buried  at  Atlanta. 


First  Congress. 


First  Congress. 


FIRST  SESSION. 


MET   AT   RICHMOND,    YA.,    FEBRUARY    l8,    l862.      ADJOURNED 
APRIL  21,    1862. 

INAUGURATION  OF  JEFFERSON  DAVIS 

AT 

RICHMOND,  VA.,  FEBRUARY  22,  1862. 
PROGRAMME. 

I.  Col.  Charles  Dimmock  to  be  Chief  Marshal,  assisted  by  four 
aids. 

II.  The  Senate  and  House  of  Representatives  will  meet  in  their 
respective  halls  at  half-past  eleven  o'clock  A.M.,  and  then,  with 
their  respective  officers,  repair  to  the  hall  of  the  House  of  Dele 
gates  of  Virginia,  which  has  been  kindly  tendered  by  the  House 
of  Delegates. 

III.  The  President  and  Vice  President-elect  will  be  conducted 
to  the  hall  by  the  Joint  Committee  of  Arrangements  at  a  quarter 
to  twelve  o'clock,  and  be  received  by  the  assembly  standing. 

IV.  The  President  of  the  Senate  will  occupy  the  seat  on  the 
right  of  the  President-elect ;  the  Vice  President-elect  that  on  the 
left  of  the  President,  and  the  Speaker  of  the  House  that  on  the 
left  of  the  Vice  President. 

V.  Invitations  are  extended  to  the  following  persons  and  bodies, 
to  \vit :  Members  of  the  Cabinet,  who  will  be  seated  on  the  right 
and  left  of  the  President  of  the  Senate  and  Speaker  of  the  House ; 
the  Governor  of  Virginia  and  his  staff,  the  Governors  of  any  other 
of  the  Confederate  States  who  may  be  in  Richmond,  and  ex-Gov: 
Lowe,  of  Maryland  ;  the  Senate  and  House  of  Delegates  of  Vir 
ginia,  with  their  respective  officers;  the  Judges  of  the  Supreme 
Court  of  Virginia,  and  of  the  Supreme  Court  of  any  other  of  the 
Confederate  States  who  may  be  in  Richmond;  the  Judge  of  the 

(181) 


182  Messages  and  Papers  of  the  Confederacy. 

Confederate  District  Court  at  Richmond,  and  any  other  Judge  of 
a  Confederate  Court  who  may  be  in  Richmond;  the  members  of 
the  late  Provisional  Congress,  the  officers  of  the  Army  and  Navy 
of  the  Confederate  States  who  may  be  in  Richmond ;  the  Mayor 
and  corporate  authorities  of  the  city  of  Richmond;  the  reverend 
•clergy  and  Masonic  and  other  benevolent  societies,  and  the  mem 
bers  of  the  Press. 

VI.  At  half-past  twelve  o'clock  the  procession  will  move  from 
the  hall  by  the  eastern  door  of  the  Capitol  to  the  statue  of  Wash 
ington,  on  the  public  square,  by  such  route  as  the  Chief  Marshal 
may  direct,  in  the  following  order,  to  wit : 

1.  The  Chief  Marshal. 

2.  The  band. 

3.  Six  members  of  the  Committee  of  Arrangements,  includ 
ing  their  respective  Chairmen. 

4.  The  President  elect,  attended  by  the  President  of  the  Sen 
ate. 

5.  The  Vice  President  elect,  attended  by  the  Speaker  of  the 
House  of  Representatives. 

6.  The  members  of  the  Cabinet. 

7.  The  officiating  clergyman  and  the  Judge  of  the  Confed 
erate  Court  at  Richmond. 

8.  The  Senate  of  the  Confederate  States,  with  its  officers,  in 
columns  of  fours. 

9.  The  House  of  Representatives,  with  its  officers,  in  columns 
of  fours. 

10.  The  Governors  of  Virginia  and  other  States,  and  staffs. 

11.  The  members  of  the  Senate  and  House  "of  Delegates  of 
Virginia  and  their  officers. 

12.  The  Judges  of  the  Supreme  Court  of  Virginia  and  other 
States,  who  may  be  in  the  city  of  Richmond. 

13.  The  officers  of  the  Army  and  Navy. 

14.  The  reverend  clergy. 

15.  The  Mayor  and  corporate  authorities  of  the  city  of  Rich 
mond  . 

16.  The  Masons  and  other  benevolent  societies. 

17.  Members  of  the  Press. 

18.  Citizens  generally. 

Seats  will  be  provided  by  the  Chief  Marshal  for  the  Governors 


Inaugural  A  ddress .  183 

of  States,  the  Judges,  and,  as  far  as  practicable,  for  the  other 
guests. 

The  invited  guests  are  requested  to  present  themselves  at  the 
door  of  the  hall  in  the  order  above  indicated. 

At  the  statue  of  Washington  the  President  elect,  the  Vice  Pres 
ident  elect,  the  President  of  the  Senate,  the  Speaker  of  the  House 
of  Representatives,  the  officiating  clergyman,  Confederate  Judge, 
Governors  of  States,  Judges  of  the  Supreme  Courts  of  States,  the 
Chief  Marshal  and  his  aids,  and  six  of  the  Committee  of  Arrange 
ments  will  take  position  on  the  platform.  Prayer  will  then  be 
offered  by  the  Right  Rev.  Bishop  Johns. 

The  inaugural  address  will  then  be  delivered,  after  which  the 
oath  will  be  administered  to  the  President  by  the  Confederate 
Judge,  in  Richmond,  the  Hon.  J.  D.  Halyburton,  and  the  result 
will  be  announced  by  the  President  of  the  Senate. 

The  oath  will  then  be  administered  to  the  Vice  President  by  the 
President  of  the  Senate,  who  will  also  announce  the  result. 

The  several  legislative  bodies  will  then  return  to  their  respec 
tive  halls,  and  the  President  and  Vice  President  will  then  be  es 
corted  to  their  respective  homes  by  the  Committee  of  Arrange 
ments. 


INAUGURAL  ADDRESS. 

February  22,  1862. 

Fellow-Citizens:  On  this  the  birthday  of  the  man  most  identified 
with  the  establishment  of  American  independence,  and  beneath 
the  monument  erected  to  commemorate  his  heroic  virtues  and 
those  of  his  compatriots,  we  have  assembled  to  usher  into  ex 
istence  the  Permanent  Government  of  the  Confederate  States. 
Through  this  instrumentality,  under  the  favor  of  Divine  Provi 
dence,  we  hope  to  perpetuate  the  principles  of  our  revolutionary 
fathers.  The  day,  the  memory,  and  the  purpose  seem  fitly  asso 
ciated. 

It  is  with  mingled  feelings  of  humility  and  pride  that  I  appear 
to  take,  in  the  presence  of  the  people  and  before  high  Heaven,  the 


184  Messages  and  Papers  of  the  Confederacy. 

oath  prescribed  as  a  qualification  for  the  exalted  station  to  which 
the  unanimous  voice  of  the  people  has  called  me.  Deeply  sensible 
of  all  that  is  implied  by  this  manifestation  of  the  people's  con 
fidence,  I  am  yet  more  profoundly  impressed  by  the  vast  responsi 
bility  of  the  office,  and  humbly  feel  my  own  unworthiness. 

In  return  for  their  kindness  I  can  offer  assurances  of  the  grati 
tude  with  which  it  is  received ;  and  can  but  pledge  a  zealous  devo 
tion  of  every  faculty  to  the  service  of  those  who  have  chosen  me  as 
their  Chief  Magistrate. 

When  a  long  course  of  class  legislation,  directed  not  to  the  gen 
eral  welfare,  but  to  the  aggrandizement  of  the  Northern  section 
of  the  Union,  culminated  in  a  warfare  on  the  domestic  institu 
tions  of  the  Southern  States — when  the  dogmas  of  a  sectional 
party,  substituted  for  the  provisions  of  the  constitutional  com 
pact,  threatened  to  destroy  the  sovereign  rights  of  the  States,  six 
of  those  States,  withdrawing  from  the  Union,  confederated  to 
gether  to  exercise  the  right  and  perform  the  duty  of  instituting  a 
Government  which  would  better  secure  the  liberties  for  the  preser 
vation  of  which  that  Union  was  established. 

Whatever  of  hope  some  may  have  entertained  that  a  returning 
sense  of  justice  would  remove  the  danger  with  which  our  rights 
were  threatened,  and  render  it  possible  to  preserve  the  Union  of 
the  Constitution,  must  have  been  dispelled  by  the  malignity  and 
barbarity  of  the  Northern  States  in  the  prosecution  of  the  existing 
war.  The  confidence  of  the  most  hopeful  among  us  must  have 
been  destroyed  by  the  disregard  they  have  recently  exhibited  for 
all  the  time-honored  bulwarks  of  civil  and  religious  liberty.  Bas- 
tiles  filled  with  prisoners,  arrested  without  civil  process  or  in 
dictment  duly  found ;  the  writ  of  habeas  corpus  suspended  by  Ex 
ecutive  mandate ;  a  State  Legislature  controlled  by  the  imprison 
ment  of  members  whose  avowed  principles  suggested  to  the  Fed 
eral  Executive  that  there  might  be  another  added  to  the  list  of  se 
ceded  States;  elections  held  under  threats  of  a  military  power; 
civil  officers,  peaceful  citizens,  and  gentlewomen  incarcerated  for 
opinion's  sake — proclaimed  the  incapacity  of  our  late  associates  to 
administer  a  Government  as  free,  liberal,  and  humane  as  that  es 
tablished  for  our  common  use. 

For  proof  of  the  sincerity  of  our  purpose  to  maintain  our  an 
cient  institutions,  we  may  point  to  the  Constitution  of  the  Confed- 


Inaugural  Address.  185 

eracy  and  the  laws  enacted  under  it,  as  well  as  to  the  fact  that 
through  all  the  necessities  of  an  unequal  struggle  there  has  been 
no  act  on  our  part  to  impair  personal  liberty  or  the  freedom  of 
speech,  of  thought,  or  of  the  press.  The  courts  have  been  open, 
the  judicial  functions  fully  executed,  and  every  right  of  the  peace 
ful  citizen  maintained  as  securely  as  if  a  war  of  invasion  had  not 
disturbed  the  land. 

The  people  of  the  States  now  confederated  became  convinced 
that  the  Government  of  the  United  States  had  fallen  into  the 
hands  of  a  sectional  majority,  who  would  pervert  that  most  sacred 
of  all  trusts  to  the  destruction  of  the  rights  which  it  was  pledged 
to  protect.  They  believed  that  to  remain  longer  in  the  Union 
would  subject  them  to  a  continuance  of  a  disparaging  discrimina 
tion,  submission  to  which  would  be  inconsistent  with  their  wel 
fare,  and  intolerable  to  a  proud  people.  They  therefore  determined 
to  sever  its  bonds  and  establish  a  new  Confederacy  for  themselves. 

The  experiment  instituted  by  our  revolutionary  fathers,  of  a 
voluntary  Union  of  sovereign  States  for  purposes  specified  in  a 
solemn  compact,  had  been  perverted  by  those  who,  feeling  power 
and  forgetting  right,  were  determined  to  respect  no  law  but  their 
own  will.  The  Government  had  ceased  to  answer  the  ends  for 
which  it  was  ordained  and  established.  To  save  ourselves  from 
a  revolution  which,  in  its  silent  but  rapid  progress,  was  about  to 
place  us  under  the  despotism  of  numbers,  and  to  preserve  in  spirit, 
as  well  as  in  form,  a  system  of  government  we  believed  to  be  pe 
culiarly  fitted  to  our  condition,  and  full  of  promise  for  mankind, 
we  determined  to  make  a  new  association,  composed  of  States 
homogeneous  in  interest,  in  policy,  and  in  feeling. 

True  to  our  traditions  of  peace  and  our  love  of  justice,  we  sent 
commissioners  to  the  United  States  to  propose  a  fair  and  amicable 
settlement  of  all  questions  of  public  debt  or  property  which  might 
be  in  dispute.  But  the  Government  at  Washington,  denying  our 
right  to  self-government,  refused  even  to  listen  to  any  proposals 
for  a  peaceful  separation.  Nothing  was  then  left  to  do  but  to  pre 
pare  for  war. 

The  first  year  in  our  history  has  been  the  most  eventful  in  the 
annals  of  this  continent.  A  new  Government  has  been  established, 
and  its  machinery  put  in  operation  over  an  area  exceeding  seven 
hundred  thousand  square  miles.  The  great  principles  upon  which 


186  Messages  and  Papers  of  the  Confederacy. 

we  have  been  willing  to  hazard  everything  that  is  dear  to  man 
have  made  conquests  for  us  which  could  never  have  been  achieved 
by  the  sword.  Our  Confederacy  has  grown  from  six  to  thirteen 
States ;  and  Maryland,  already  united  to  us  by  hallowed  memories 
and  material  interests,  will,  I  believe^  when  able  to  speak  with 
unstifled  voice,  connect  her  destiny  with  the  South.  Our  people 
have  rallied  with  unexampled  unanimity  to  the  support  of  the 
great  principles  of  constitutional  government,  with  firm  resolve 
to  perpetuate  by  arms  the  right  which  they  could  not  peacefully 
secure.  A  million  of  men,  it  is  estimated,  are  now  standing  in 
hostile  array,  and  waging  war  along  a  frontier  of  thousands  of 
miles.  Battles  have  been  fought,  sieges  have  been  conducted,  and, 
although  the  contest  is  not  ended,  and  the  tide  for  the  moment  is 
against  us,  the  final  result  in  our  favor  is  not  doubtful. 

The  period  is  near  at  hand  when  our  foes  must  sink  under  the 
immense  load  of  debt  which  they  have  incurred,  a  debt  which  in 
their  effort  to  subjugate  us  has  already  attained  such  fearful  di 
mensions  as  will  subject  them  to  burdens  which  must  continue  to 
oppress  them  for  generations  to  come. 

We  too  have  had  our  trials  and  difficulties.  That  we  are  to 
escape  them  in  future  is  not  to  be  hoped.  It  was  to  be  expected 
when  we  entered  upon  this  war  that  it  would  expose  our  people  to 
sacrifices  and  cost  them  much,  both  of  money  and  blood.  But  we 
knew  the  value  of  the  object  for  which  we  struggled,  and  under 
stood  the  nature  of  the  war  in  which  we  were  engaged.  Nothing 
could  be  so  bad  as  failure,  and  any  sacrifice  would  be  cheap  as  the 
price  of  success  in  such  a  contest. 

But  the  picture  has  its  lights  as  well  as  its  shadows.  This  great 
strife  has  awakened  in  the  people  the  highest  emotions  and  qual 
ities  of  the  human  soul.  It  is  cultivating  feelings  of  patriotism, 
virtue,  and  courage.  Instances  of  self-sacrifice  and  of  generous 
devotion  to  the  noble  cause  for  which  we  are  contending  are  rife 
throughout  the  land.  Never  has  a  people  evinced  a  more  de 
termined  spirit  than  that  now  animating  men,  women,  and  chil 
dren  in  every  part  of  our  country.  Upon  the  first  call  the  men  flew 
to  arms,  and  wives  and  mothers  send  their  husbands  and  sons  to 
battle  without  a  murmur  of  regret. 

It  was,  perhaps,  in  the  ordination  of  Providence  that  we  were 


Inaugural  A  ddress .  187 

to  be  taught  the  value  of  our  liberties  by  the  price  which  we  pay 
for  them. 

The  recollections  of  this  great  contest,  with  all  its  common  tra 
ditions  of  glory,  of  sacrifice  and  blood,  will  be  the  bond  of  har 
mony  and  enduring  affection  amongst  the  people,  producing  unity 
in  policy,  fraternity  in  sentiment,  and  just  effort  in  war. 

Nor  have  the  material  sacrifices  of  the  past  year  been  made 
without  some  corresponding  benefits.  If  the  acquiescence  of  for 
eign  nations  in  a  pretended  blockade  has  deprived  us  of  our  com 
merce  with  them,  it  is  fast  making  us  a  self-supporting  and  an  in 
dependent  people.  The  blockade,  if  effectual  and  permanent, 
could  only  serve  to  divert  our  industry  from  the  production  of  ar 
ticles  for  export  and  employ  it  in  supplying  commodities  for  do 
mestic  use. 

It  is  a  satisfaction  that  we  have  maintained  the  war  by  our  un 
aided  exertions.  We  have  neither  asked  nor  received  assistance 
from  any  quarter.  Yet  the  interest  involved  is  not  wholly  our 
own.  The  world  at  large  is  concerned  in  opening  our  markets  to 
its  commerce.  When  the  independence  of  the  Confederate  States 
is  recognized  by  the  nations  of  the  earth,  and  we  are  free  to  follow 
our  interests  and  inclinations  by  cultivating  foreign  trade,  the 
Southern  States  will  offer  to  manufacturing  nations  the  most  fa 
vorable  markets  which  ever  invited  their  commerce.  Cotton, 
sugar,  rice,  tobacco,  provisions,  timber,  and  naval  stores  will 
furnish  attractive  exchanges.  Nor  would  the  constancy  of  these 
supplies  be  likely  to  be  disturbed  by  war.  Our  confederate 
strength  will  be  too  great  to  tempt  aggression  ;  and  never  was 
there  a  people  whose  interests  and  principles  committed  them  so 
fully  to  a  peaceful  policy  as  those  of  the  Confederate  States.  By 
the  character  of  their  productions  they  are  too  deeply  interested 
in  foreign  commerce  wantonly  to  disturb  it.  War  of  conquest 
they  cannot  wage,  because  the  Constitution  of  their  Confederacy 
admits  of  no  coerced  association.  Civil  war  there  cannot  be  be 
tween  States  held  together  by  their  volition  only.  The  rule  of 
voluntary  association,  which  cannot  fail  to  be  conservative,  by 
securing  just  and  impartial  government  at  home,  does  not  dimin 
ish  the  security  of  the  obligations  by  which  the  Confederate  States 
may  be  bound  to  foreign  nations.  In  proof  of  this,  it  is  to  be  re 
membered  that,  at  the  first  moment  of  asserting  their  right  to  se- 


i88  Messages  and  Papers  of  the  Confederacy. 

cession,  these  States  proposed  a  settlement  on  the  basis  of  the  com 
mon  liability  for  the  obligations  of  the  General  Government. 

Fellow-citizens,  after  the  struggle  of  ages  had  consecrated  the 
right  of  the  Englishman  to  constitutional  representative  govern 
ment,  our  colonial  ancestors  were  forced  to  vindicate  that  birth 
right  by  an  appeal  to  arms.  Success  crowned  their  efforts,  and 
they  provided  for  their  posterity  a  peaceful  remedy  against  future 
aggression. 

The  tyranny  of  an  unbridled  majority,  the  most  odious  and 
least  responsible  form  of  despotism,  has  denied  us  both  the  right 
and  the  remedy.  Therefore  we  are  in  arms  to  renew  such  sacri 
fices  as  our  fathers  made  to  the  holy  cause  of  constitutional  lib 
erty.  At  the  darkest  hour  of  our  struggle  the  Provisional  gives 
place  to  the  Permanent  Government.  After  a  series  of  successes 
and  victories,  which  covered  our  arms  with  glory,  we  have  re 
cently  met  with  serious  disasters.  But  in  the  heart  of  a  people 
resolved  to  be  free  these  disasters  tend  but  to  stimulate  to  in 
creased  resistance. 

To  show  ourselves  worthy  of  the  inheritance  bequeathed  to  us 
by  the  patriots  of  the  Revolution,  we  must  emulate  that  heroic  de 
votion  which  made  reverse  to  them  but  the  crucible  in  which  their 
patriotism  was  refined. 

With  confidence  in  the  wisdom  and  virtue  of  those  who  will- 
share  with  me  the  responsibility  and  aid  me  in  the  conduct  of  pub 
lic  affairs;  securely  relying  on  the  patriotism  and  courage  of  the 
people,  of  which  the  present  war  has  furnished  so  many  examples, 
I  deeply  feel  the  weight  of  the  responsibilities  I  now,  with  un 
affected  diffidence,  am  about  to  assume;  and,  fully  realizing  the 
inequality  of  human  power  to  guide  and  to  sustain,  my  hope  is 
reverently  fixed  on  Him  whose  favor  is  ever  vouchsafed  to  the 
cause  which  is  just.  With  humble  gratitude  and  adoration,  ac 
knowledging  the  Providence  which  has  so  visibly  protected  the 
Confederacy  during  its  brief  but  eventful  career,  to  thee,  O  God, 
I  trustingly  commit  myself,  and  prayerfully  invoke  thy  blessing  on 
mv  country  and  its  cause. 


First  Congress.  189 

MESSAGES. 

February  25,  1862. 
Po  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

In  obedience  to  the  constitutional  provision  requiring  the  Pres 
cient  from  time  to  time  to  give  to  the  Congress  information  of  the 
state  of  the  Confederacy  and  recommend  to  their  consideration 
;uch  measures  as  he  shall  judge  necessary  and  expedient,  I  have 
o  communicate  that  since  my  message  at  the  last  session  of  the 
Provisional  Congress  events  have  demonstrated  that  the  Govern- 
nent  had  attempted  more  than  it  had  power  successfully  to 
ichieve.  Hence,  in  the  effort  to  protect  by  our  arms  the  whole 
)f  the  territory  of  the  Confederate  States,  seaboard  and  inland, 
,ve  have  been  so  exposed  as  recently  to  encounter  serious  dis- 
isters.  When  the  Confederacy  was  formed  the  States  composing 
t  were,  by  the  peculiar  character  of  their  pursuits  and  a  mis 
placed  confidence  in  their  former  associates,  to  a  great  extent 
lestitute  of  the  means  for  the  prosecution  of  the  war  on  so  gi 
gantic  a  scale  as  that  which  it  has  attained.  The  workshops  and 
irtisans  were  mainly  to  be  found  in  the  Northern  States,  and  one 
)f  the  first  duties  which  devolved  upon  this  Government  was  to 
.'stablish  the  necessary  manufactories,  and  in  the  meantime  to  ob- 
:ain  by  purchase  from  abroad,  as  far  as  practicable,  whatever  was 
•equired  for  the  public  defense.  Xo  effort  has  been  spared  to  ef- 
tect  both  these  ends ;  and  though  the  results  have  not  equaled  our 
lopes,  it  is  believed  that  an  impartial  judgment  will,  upon  full 
nvestigation,  award  to  the  various  Departments  of  the  Govern- 
nent  credit  for  having  done  all  which  human  power  and  fore 
sight  enabled  them  to  accomplish.  The  valor  and  devotion  of  the 
people  have  not  only  sustained  the  efforts  of  the  Government  but 
iaAre  gone  far  to  supply  its  deficiencies. 

The  active  state  of  military  preparation  among  the  nations  of 
Kurope  in  April  last,  the  date  when  our  agents  first  went  abroad, 
interposed  unavoidable  delays  in  the  procurement  of  arms,  and 
the  want  of  a  navy  has  greatly  impeded  our  efforts  to  import 
military  supplies  of  all  sorts.  I  have  hoped  for  several  days  to 
receive  official  reports  in  relation  to  our  discomfiture  at  Roanoke 
Island  and  the  fall  of  Fort  Donelson.  They  have  not  yet  reached 
me,  and  I  am  therefore  unable  to  communicate  to  vou  such  in- 


190  Messages  and  Papers  of  the  Confederacy. 

formation  of  those  events  and  the  consequences  resulting  from 
them  as  would  enable  me  to  make  recommendations  founded  upon 
the  changed  conditions  which  they  have  produced.  Enough  is 
known  of  the  surrender  at  Roanoke  Island  to  make  us  feel  that 
it  was  deeply  humiliating,  however  imperfect  may  have  been  the 
preparations  for  defense.  The  hope  is  still  entertained  that  our 
reported  losses  at  Fort  Donelson  have  been  greatly  exaggerated, 
inasmuch  as  I  am  not  only  unwilling  but  unable  to  believe  that  a 
large  army  of  our  people  have  surrendered  without  a  desperate  ef 
fort  to  cut  their  way  through  investing  forces,  whatever  may  have 
been  their  numbers,  and  to  endeavor  to  make  a  junction  with 
other  divisions  of  the  army.  But  in  the  absence  of  that  exact 
information  which  can  only  be  afforded  by  official  reports  it  would 
be  premature  to  pass  judgment,  and  my  own  is  reserved,  as  I 
trust  yours  will  be,  until  that  information  is  received.  In  the 
meantime  strenuous  efforts  have  been  made  to  throw  forward  re- 
enforcements  to  the  armies  at  the  positions  threatened,  and  I 
cannot  doubt  that  the  bitter  disappointments  we  have  borne,  by 
nerving  the  people  to  still  greater  exertions,  will  speedily  secure 
results  more  accordant  with  our  just  expectation  and  as  favor 
able  to  our  cause  as  those  which  marked  the  earlier  periods  of  the 
war.  The  reports  of  the  Secretaries  of  War  and  the  Navy  will 
exhibit  the  mass  of  resources  for  the  conduct  of  the  war  which 
we  have  been  enabled  to  accumulate  notwithstanding  the  very 
serious  difficulties  against  which  we  have  contended.  They  af 
ford  the  cheering  hope  that  our  resources,  limited  as  they  were 
at  the  beginning  of  the  contest,  will  during  its  progress  become 
developed  to  such  an  extent  as  fully  to  meet  our  future  wants. 

The  policy  of  enlistment  for  short  terms,  against  which  I  have 
steadily  contended  from  the  commencement  of  the  war,  has,  in  my 
judgment,  contributed  in  no  immaterial  degree  to  the  recent  re 
verses  which  we  have  suffered,  and  even  now  renders  it  difficult 
to  furnish  you  an  accurate  statement  of  the  Army.  When  the 
war  first  broke  out  many  of  our  people  could  with  difficulty  be 
persuaded  that  it  would  be  long  or  serious.  It  was  not  deemed 
possible  that  anything  so  insane  as  a  persistent  attempt  to  subju 
gate  these  States  could  be  made,  still  less  that  the  delusion  would 
so  far  prevail  as  to  give  to  the  war  the  vast  proportions  which  it 
has  assumed.  The  people,  incredulous  of  a  long  war,  were  natu- 


First  Congress.  191 

rally  averse  to  long  enlistments,  and  the  early  legislation  of  Con 
gress  rendered  it  impracticable  to  obtain  volunteers  for  a  greater 
period  than  twelve  months.  Now  that  it  has  become  probable 
that  the  war  will  be  continued  through  a  series  of  years,  our  high- 
spirited  and  gallant  soldiers,  while  generally  reenlisting,  are, 
from  the  fact  of  having  entered  the  service  for  a  short  term,  com 
pelled  in  many  instances  to  go  home  to  make  the  necessary  ar 
rangements  for  their  families  during  their  prolonged  absence. 
The  quotas  of  new  regiments  for  the  w7ar,  called  for  from  the 
different  States,  are  in  rapid  progress  of  organization.  The 
whole  body  of  new  levies  and  reenlisted  men  will  probably  be 
ready  in  the  ranks  within  the  next  thirty  days,  but  in  the  mean 
time  it  is  exceedingly  difficult  to  give  an  accurate  statement  of  the 
number  of  our  forces  in  the  field.  They  may,  in  general  terms, 
be  stated  at  400  regiments  of  infantry,  with  a  proportionate  force 
of  cavalry  and  artillery,  the  details  of  which  will  be  shown  by  the 
report  of  the  Secretary  of  War.  I  deem  it  proper  to  advert  to 
the  fact  that  the  process  of  furloughs  and  reenlistment  in  progress 
for  the  last  month  had  so  far  disorganized  and  weakened  our 
forces  as  to  impair  our  ability  for  successful  defense,  but  I  hearti 
ly  congratulate  you  that  this  evil,  which  I  had  foreseen  and  was 
powerless  to  prevent,  may  now  be  said  to  be  substantially  at  an 
end,  and  that  we  shall  not  again  during  the  war  be  exposed  to 
seeing  our  strength  diminished  by  this  fruitful  cause  of  disaster — 
short  enlistments. 

The  people  of  the  Confederate  States,  being  principally  en 
gaged  in  agricultural  pursuits,  were  unprovided  at  the  commence 
ment  of  hostilities  with  ships,  shipyards,  materials  for  ship 
building,  or  skilled  mechanics  and  seamen  in  sufficient  numbers 
to  make  the  prompt  creation  of  a  navy  a  practicable  task,  even  if 
the  required  appropriations  had  been  made  for  the  purpose.  Not 
withstanding  our  very  limited  resources,  however,  the  report  of 
the  Secretary  will  exhibit  to  you  a  satisfactory  progress  in  prepa 
ration,  and  a  certainty  of  early  completion  of  vessels  of  a  number 
and  class  on  which  we  may  confidently  rely  for  contesting  the 
vaunted  control  of  the  enemy  over  our  waters. 

The  financial  system  devised  by  the  wisdom  of  your  prede 
cessors  has  proved  adequate  to  supplying  all  the  wants  of  the 
Government,  notwithstanding  the  unexpected  and  very  large  in- 


192  Messages  and  Papers  of  the  Confederacy. 

crease  of  expenditures  resulting  from  the  great  augmentation  in 
the  necessary  means  of  defense.  The  report  of  the  Secretary  of 
the  Treasury  will  exhibit  the  gratifying  fact  that  we  have  no  float 
ing  debt;  that  the  credit  of  the  Government  is  unimpaired,  and 
that  the  total  expenditure  of  the  Government  for  the  year  has 
been  in  round  numbers  $170,000,000 — less  than  one-third  of  the 
sum  wasted  by  the  enemy  in  his  vain  effort  to  conquer  us ;  less 
than  the  value  of  a  single  article  of  export,  the  cotton  crop,  of 
the  year. 

The  report  of  the  Postmaster  General  will  show  the  condition 
'of  that  Department  to  be  steadily  improving,  its  revenues  in 
creasing,  and  already  affording  the  assurance  that  it  will  be  self- 
sustaining  at  the  date  required  by  the  Constitution,  while  afford 
ing  ample  mail  facilities  for  the  people. 

In  the  Department  of  Justice,  which  includes  the  Patent  Office 
and  public  printing,  some  legislative  provisions  will  be  required, 
which  will  be  specifically  stated  in  the  report  of  the  head  of  that 
Department.  I  invite  tne  attention  of  Congress  to  the  duty  of 
organizing  a  Supreme  Court  of  the  Confederate  States,  in  ac 
cordance  with  the  mandate  of  the  Constitution. 

I  refer  you  to  my  message*  communicated  to  the  Provisional 
Congress  in  November  last  for  such  further  information  touch 
ing  the  condition  of  public  affairs  as  it  might  be  useful  to  lay  be 
fore  you,  the  short  interval  which  has  since  elapsed  not  having 
produced  any  material  changes  in  that  condition  other  than  those 
to  which  reference  has  already  been  made. 

In  conclusion  I  cordially  welcome  Representatives  wno,  recent 
ly  chosen  by  the  people,  are  fully  imbued  with  their  views  and 
feelings,  and  can  so  ably  advise  me  as  to  the  needful  provisions 
for  the  public  service.  I  assure  you  of  my  hearty  cooperation  in 
all  your  efforts  for  the  common  welfare  of  the  country. 

JEFFERSON  DAVIS. 

To  the  Speaker  of  the  House  of  Representatives. 

In  response  to  the  resolution  of  the  House  of  Representatives, 
requesting  the  President  to  furnish  the  report  of  Col.  Walter  H. 
Jenifer  of  the  battle  of  Leesburg,  I  have  to  state  that  a  copy  of 
General  Evans's  report  of  that  battle,  with  all  the  accompanying 

*Page  136. 


First  Congress.  193 

papers,  including  the  report  of  Col.  Walter  H.  Jenifer,  was  sent 
with  the  report  of  the  Secretary  of  War  in  December  last  to  the 
Congress,  and  it  is  supposed  that  the  notice  of  this  fact  will  be 
accepted  by  you  as  a  satisfactory  compliance  with  the  resolution 
above  described.  JEFFERSON  DAVIS. 

[Received  March  i,  1862.] 

To  the  Speaker  of  the  House  of  Representatives. 

In  response  to  the  resolution  of  the  House  of  Representatives 
of  the  iQth  inst.,  asking  for  "the  report  of  Major  General  Thomas 
J.  Jackson  respecting  the  recent  operations  of  the  division  under 
his  command  in  the  Valley  District  of  Va. :" 

Also,  "the  report  of  Col.  George  Lay,  Inspector  General  of  the 
Department  of  Northern  Virginia,  as  to  the  condition  of  the  com 
mand  in  the  Valley  District :" 

I  have  to  state  that  upon  an  examination  of  the  files  of  the  War 
Department,  it  appears  that  no  such  report  from  Major  General 
Jackson  as  that  called  for  has  reached  that  Department,  and  that 
the  report  of  Col.  Lay  was  made  without  actual  inspection  on  his 
part  of  the  army  at  Romney,  then  under  the  immediate  command 
of  General  Loring,  and  only  gives,  in  relation  to  it,  such  informa 
tion  as  he  received  from  officers  at  Winchester. 

The  usual  and  generally  necessary  practice  is  to  consider  in 
spection  reports  as  confidential.  It  would  frequently  happen 
that  the  publication  of  such  reports  would  needlessly  wound  the 
feelings  of  officers  and  would  promote  discord  and  heartburnings 
among  the  troops. 

The  present  instance  forms  no  exception  to  the  general  rule, 
and  it  is  believed  that  the  public  interest  would  receive  detriment 
from  the  communication  of  the  report  which  is  called  for.  Justice 
to  the  parties  concerned  would  require  that  much  more  should  be 
communicated  than  the  report,  if  it  were  submitted. 

JEFFERSON  DAVIS. 
[Received  March  I,  1862.] 

To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  the  report  of  the  Secretary  of  the  Navy, 
which  I  recommend  be  considered  in  secret  session. 

JEFFERSON  DAVIS. 
[Received  March  i,  1862.] 

13 


194  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  DEPARTMENT,  March  3,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  the  report  of  the  Department  of  Justice. 

JEFFERSON  DAVIS. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  the  report  of  the  Secretary  of  War,  with 
accompanying  documents,  inviting  attention  to  the  facts  therein 
presented,  and  commending  the  recommendation  to  your  favor 
able  consideration.  JEFFERSON  DAVIS. 

[Received  March  4,  1862.] 

RICHMOND,  March  4,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

In  response  to  the  resolution  of  the  House  of  yesterday,  calling 
on  the  President  to  communicate  "what  additional  means  in 
money,  men,  arms,  and  munitions  of  war  are  in  his  judgment  nec 
essary,  or  may  be  within  the  present  year,  for  the  public  service, 
including  operations  on  land  and  water,"  I  have  to  reply  that  the 
military  forces,  whether  land  or  naval,  which  will  be  required 
must  depend  upon  the  operations  of  the  enemy  and  upon  con 
tingencies  which  cannot  be  foreseen.  Taking  our  present  con 
dition  as  the  basis  of  the  calculation,  it  may  be  stated  in  general 
terms  that  our  land  forces  should  be  increased  by  the  addition  of, 
say,  300,000  men  in  the  field  and  those  for  whom  call  has  already 
been  made;  that  the  Navy  should  be  increased  by  a  number  of 
vessels  suited  to  river  and  harbor  defense,  say,  fifty  iron-clad  pro 
pellers,  and  a  fleet  of,  say,  ten  of  the  most  formidable  war  vessels 
to  protect  our  commerce  upon  the  high  seas,  with  the  requisite 
armaments  and  crews.  For  this  additional  force,  land  and  naval, 
there  would  be  required,  say,  750,000  small  arms  of  all  kinds,  and 
of  siege,  and  field,  and  seacoast  artillery,  say,  5,000  guns;  of 
powder,  say,  5,000  tons  in  addition  to  that  which  can  be  made 
within  the  limits  of  the  Confederacy.  The  manufacture  of  pro 
jectiles  could,  it  is  believed,  be  carried  to  the  requisite  extent  in 
our  own  foundries,  at  a  cost  which  must  be  measured  by  the  num 
ber  of  guns  actively  employed.  For  further  details  I  refer  to  the 
accompanying  reports  of  the  Secretaries  of  War  and  Navy.  The 


First  Congress.  195 

amount  of  money  which  will  be  required  will  depend  upon  the 
extent  to  which  the  articles  needed  may  be  obtained,  and  as  I  can 
not  hope  to  get  more  than  a  small  part  of  that  which  a  reply  to  the 
resolution  required  me  to  enumerate,  I  have  not  attempted  to  con 
vert  the  articles  into  their  probable  money  value.  Estimates  have 
been  prepared  and  will  be  laid  before  the  Congress  showing  the 
appropriations  which  it  is  deemed  proper  to  ask,  in  view  of  the 
public  wants  and  the  possibility  to  supply  them,  as  well  as  of  the 
condition  of  the  finances  of  the  Confederate  States. 

JEFFERSON  DAVIS. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  to  Congress  the  report  of  the  Postmaster 
General,  and  invite  attention  to  the  recommendation  contained 
therein.  JEFFERSON  DAVIS. 

March   5,   1862. 

EXECUTIVE  DEPARTMENT,  March  6,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  herewith  transmit  a  report  from  the  Secretary  of  War,  in 
answer  to  a  resolution  of  the  House  of  Representatives  of  the  4th 
inst.,  which  I  referred  to  the  Department  for  the  information 
therein  contained,  or  for  copies  of  the  reports  called  for  if  they 
had  been  received.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  RICHMOND,  March  7,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  transmit  herewith  a  report*  from  the  Secretary  of  the  Navy, 
ad  interim,  in  answer  to  a  resolution  of  the  House  of  Representa 
tives  of  the  6th  instant.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  RICHMOND,  March  7,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  transmit  herewith  a  report  from  the  Secretary  of  State,  ad 
interim,  in  answer  to  a  resolution  of  the  House  of  Representa 
tives  of  the  6th  inst.  JEFFERSON  DAVIS. 

*Relating  to  certain  foreign  (French)  vessels  in  Chesapeake  Bay,  and 
whether  these  vessels  are  probably  here  for  the  purpose  of  exporting  cot 
ton  or  tobacco  from  the  Confederate  States. 


196  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  DEPARTMENT,  RICHMOND,  March  8,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  transmit  herewith  a  report  and  accompanying  papers  from 
the  Secretary  of  State,  ad  interim,  in  answer  to  a  resolution*  of 
the  Senate  of  the  3d  instant.  JEFFERSON  DAVIS. 

RICHMOND,  March  10,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

Sir:  Annexed  I  submit  a  letter  from  the  Secretary  of  the  Navy 
indicating  a  plan  for  the  further  defense  of  the  Bay  of  Mobile 
and  the  Alabama  River,  asking  for  an  appropriation  to  carry  it 
into  execution. 

The  general  purpose  and  means  proposed  are  similar  to  those 
authorized  by  an  act  of  the  Provisional  Congress  for  the  better 
defense  of  the  Mississippi  River. 

I  commend  the  proposition  to  the  favorable  consideration  of 
Congress  and  would  suggest,  if  it  be  adopted,  that  the  disburse 
ment  of  the  money  be  made  in  the  manner  provided  for  appro 
priations  for  the  Navy.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  March  u,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  transmit  herewith  copies  of  such  official  reports  as  have  been 
received  at  the  War  Department  of  the  defense  and  fall  of  Fort 
Donelson.  They  will  be  found  incomplete  and  unsatisfactory.  In 
structions  have  been  given  to  furnish  further  information  upon 
the  several  points  not  made  intelligible  by  the  reports.  It  is  not 
stated  that  reinforcements  were  at  any  time  asked  for;  nor  is  it 
demonstrated  to  have  been  impossible  to  have  saved  the  army  by 
evacuating  the  position;  nor  is  it  known  by  what  means  it  was 
found  practicable  to  withdraw  a  part  of  the  garrison,  leaving  the 
remainder  to  surrender ;  nor  upon  what  authority  or  principle  of 
action  the  senior  Generals  abandoned  responsibility,  by  trans 
ferring  the  command  to  a  junior  officer. 

In  a  former  communication  to  Congress  I  presented  the  pro 
priety  of  a  suspension  of  judgment  in  relation  to  the  disaster  at 

*Requesting  the  President  to  communicate  to  Congress  copies  of  all  cor 
respondence  with  Confederate  commissioners  abroad. 


First  Congress.  197 

Fort  Donelson,  until  official  reports  could  be  received.  I  regret 
that  the  information  now  furnished  is  so  defective.  In  the  mean 
time,  hopeful  that  satisfactory  explanation  may  be  made,  I  have 
directed,  upon  the  exhibition  of  the  case  as  presented  by  the  two 
senior  Generals,*  that  they  should  be  relieved  from  command  to 
await  further  orders  whenever  a  reliable  judgment  can  be  ren 
dered  on  the  merits  of  the  case.  JEFFERSON  DAVIS. 


To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  a  letterf  of  the  Secretary  of  the  Navy,  of 
this  date,  covering  the  official  report  of  the  naval  engagement 
between  the  James  River  squadron  and  the  enemy's  fleet,  in 
Hampton  Roads,  on  the  8th  instant. 

The  officers  and  men  of  our  Navy,  engaged  in  this  brilliant 
affair,  deserve  well  of  their  country,  and  are  commended  to  the 
consideration  of  the  Congress. 

The  disparity  of  the  forces  engaged  did  not  justify  the  antici 
pation  of  so  great  a  victory ;  and  it  is  doubly  gratifying  that  it 
has  been  won  upon  an  element  where  we  were  supposed  to  be 
least  able  to  compete  with  our  enemy. 

Special  attention  is  called  to  the  perfidious  conduct  of  the  enemy 
in  hoisting  on  the  frigate  Congress  a  white  flag,  and  renewing 
fire,  from  that  vessel,  under  the  impunity  thus  obtained. 

JEFFERSON  DAVIS. 

March  11,   1862. 


RICHMOND,   March    H,   1862. 

To  the  President. 

Sir:  I  have  the  honor  to  lay  before  you  the  official  report  of  the  naval 
engagement  between  the  James  River  squadron,  under  the  command  of 
Flag  Officer  Franklin  Buchanan,  and  the  enemy's  fleet,  in  Hampton  Roads, 
on  the  8th  instant. 

Flag  Officer  Buchanan,  in  the  immediate  command  of  the  steam  sloop 
Virginia,  was  disabled  near  the  close  of  the  engagement  by  a  painful  though 
not  dangerous  wound,  and  the  report  is  made  by  the  Executive  Officer, 
upon  whom  the  command  devolved,  Lieutenant  Jones. 

The  steam  sloop  Virginia,  of  ten  guns,  the  Patrick  Henry.  Commander 
Tucker,  of  six  guns,  the  Jamestown,  Lieutenant  Commanding  Barney,  of 
two  guns,  the  Raleigh,  Lieutenant  Commanding  Alexander,  the  Beaufort, 

*  Floyd  and  Pillow.      +  See  also  paqx-  210. 


198  Messages  and  Papers  of  the  Confederacy. 

Lieutenant  Commanding  Parker,  and  the  Teaser,  Lieutenant  Commanding 
Webb,  each  of  one  gun,  composed  our  squadron.  With  this  force  of  twen 
ty-one  guns,  Flag  Officer  Buchanan  engaged  the  enemy's  fleet,  consisting  of 
the  frigate  Cumberland  of  twenty-four  guns,  the  Congress  of  fifty  guns, 
the  St.  Lawrence  of  fifty  guns,  and  the  steam  frigates  Minnesota  and 
Roanoke  each  of  forty  guns,  the  enemy's  batteries  at  Newport  News,  and 
several  small  steamers  armed  with  heavy  rifled  guns. 

The  engagement  commenced  at  3:30  P.M.,  and  at  6  o'clock  P.M.  he  had 
sunk  the  Cumberland,  captured  and  burnt  the  Congress,  disabled  and  driven 
the  Minnesota  ashore,  and  defeated  the  St.  Lawrence  and  the  Roanoke, 
which  sought  shelter  under  the  guns  of  Fortress  Monroe.  Two  of  the 
enemy's  small  steamers  were  blown  up,  and  two  transport  schooners  were 
captured. 

The  Cumberland  went  down  with  all  on  board,  her  tops  only  remaining 
above  water ;  but  many  of  her  people  were  saved  by  boats  from  the  shore. 
The  loss  of  the  enemy  has  not  been  ascertained.    Our  loss  is  very  small 
but  has  not  been  officially  communicated. 

The  flag  of  the  Congress  and  the  sword  of  the  officer  commanding  at 
the  time  of  her  surrender  are  at  this  Department,  together  with  the  flag 
and  sword  of  the  gunboat  Fanny,  captured  by  Flag  Officer  Lynch,  in  Oc 
tober  last;  and  I  submit  for  your  consideration  the  propriety  of  providing 
for  the  safe-keeping  of  these  and  similar  trophies. 

To   the    dashing   courage,   the   patriotism  and   eminent   ability   of   Flag 
Officer  Buchanan  and  the  officers  and  men  of  his  squadron  our  country  is 
indebted  for  this  brilliant  achievement,  which  will  hold  a  conspicuous  place 
among  the  heroic  contests  of  naval  history. 
With  much  respect,  your  obedient  servant, 

S.  R.  MALLORY, 

Secretary  of  the  Navy. 


EXECUTIVE  DEPARTMENT,  March  12,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  transmit  herewith  to  the  Congress  the  official  report  of  Col. 
William  B.  Taliaferro,  of  the  action  at  Carrick's  Ford,  July  13, 
1 86 1.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  13,  1862. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  to  the  Congress  the  report*  of  the  Acting 
Commissioner  of  Indian  Affairs.  JEFFERSON  DAVIS. 

*Relating  to  treaties   with   Indians. 


First  Congress.  199 

RICHMOND,  March  13,  1862. 

To  the  House  of  Representatives. 

In  response  to  the  resolution  of  the  26th  ultimo  calling  for  a 
statement  as  to  the  establishments  under  contract  for  the  supply 
of  small  arms  and  of  powder,  and  what  means  are  employed  in 
furnishing  percussion  caps,  and  whether  the  various  manufactur 
ing  establishments  now  employed  by  the  Government  will  be  able 
to  furnish  an  ample  supply  of  arms,  powder,  and  percussion  caps 
for  the  use  of  our  Army,  I  herewith  transmit  a  report  to  the  Sec 
retary  of  War,  which  gives  such  information  in  relation  to  the 
ability  of  the  establishments  employed  as,  it  is  hoped,  will  be  sat 
isfactory  to  the  Congress.  The  Government  has  secured  a  supply 
of  sulphur  sufficient  for  any  proximate  want ;  proper  charcoal  can 
be  obtained  in  any  requisite  quantity,  and  it  only  requires  an  ade 
quate  supply  of  saltpeter  to  insure  the  manufacture  of  more 
powder  than  can  be  profitably  used.  In  addition  to  the  mills  now 
in  active  operation  a  very  extensive  one  has  been  constructed  in 
Georgia,  which  we  have  not  started  because  the  supply  of  salt 
peter  did  not  justify  it.  Establishments  for  the  manufacture  of 
small  arms  are  being  constructed  and  developed,  but,  as  was  to 
have  been  anticipated,  the  progress  has  been  slow  and  the  want 
of  mechanics  does  not  permit  us  to  hope  for  such  extensive  re 
sults  as  would  satisfy  existing  necessities.  The  attention  of  Con 
gress  is  called  to  the  remarks  of  the  Secretary  on  the  subject  of 
iron,  and  a  method  of  increasing  its  production.  For  further  in 
formation  reference  is  made  to  the  tabular  statement  of  the  Chief 
of  Ordnance,  which  is  annexed  to  the  letter  of  the  Secretary  of 
War.  JEFF'N  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  14,  1862. 

To  the  House  of  Representatives. 

I  transmit  herewith  a  communication  from  the  Secretary  of 
the  Treasury  with  estimates  of  appropriations  required  for  the 
support  of  the  Government  from  April  I  to  November  30,  1862. 
The  estimates  of  the  various  Executive  Departments  are  inclosed, 
and  it  will  be  seen  by  the  letter  of  the  Secretary  of  the  Treasury 
that  no  estimates  for  the  expenses  of  the  Congress  have  been  re 
ceived.  JEFFERSON  DAVIS. 


2OO  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  DEPARTMENT,  March  15,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  transmit  herewith  an  official  report  of  the  engagement  at 
Coosaw  River,*  January  i,  1862.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  17,  1862. 
To  the  President  of  the  Senate. 

I  have  appointed  Burton  N.  Harrison,  of  Mississippi,  my  Pri 
vate  Secretary  in  the  place  of  Robert  Josselyn,  resigned. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  18,  1862. 
To  the  Honorable  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  a  communication  from  the  Secretary 
of  War,  relative  to  a  resolution  of  the  I4th  inst.,  requesting  a  copy 
of  General  George  B.  Crittenden's  report  of  the  battle  of  Fishing 
Creek.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  18,  1862. 
To  the  Honorable  the  Speaker  of  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  relative  to  a  resolution  of  the  House  of  Representatives  of 
the  I2th  inst.,  requesting  a  copy  of  the  report  of  Major  General 
Braxton  Bragg,  of  the  bombardment  of  Pensacola  on  the  22d  and 
23d  of  November  last.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  18,  1862. 
To  the  Honorable  the  Speaker  of  the  House  of  Representatives. 

I  herewith  inclose  a  report  of  the  Secretary  of  War,  supple 
mentary  to  a  report  heretofore  made  by  him  to  the  House  of  Rep 
resentatives,  and  referred  to  in  that  document. 

JEFFERSON  DAVIS. 

*Port  Royal  Ferry,  S.  C. 


First  Congress.  201 

EXECUTIVE  DEPARTMENT,  March  19,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  report  of  the  Secretary  of  War,  supple 
mentary  to  a  report  heretofore  submitted  by  him,  and  referred  to 
in  that  document.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT, 
RICHMOND,  VA.,  March  20,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

Herewith  I  submit  a  letter  from  the  Secretary  of  the  Navy,  with 
an  estimate  for  an  appropriation  to  enable  him  to  purchase  or 
construct  ironclad  vessels. 

Though  it  is  certainly  doubtful  whether  a  change  in  the  present 
condition  of  affairs  in  Europe  will  occur  which  would  render  it 
practicable  to  effect  the  object  in  the  manner  proposed,  it  may  be 
proper  to  put  the  Department  in  a  position  which  will  enable  it  to 
take  advantage  of  any  opportunity  which  may  be  presented  for 
the  rapid  increase  of  that  class  of  vessels  which  are  believed  to  be 
the  best  suited  to  coast  and  harbor  defense. 

I  recommend,  therefore,  that  the  appropriation  asked  for  be 
granted.  JEFFERSON  DAVIS. 


RICHMOND,  YA.,  March  20,  1862. 

To  the  House  of  Representatives,  Confederate  States  of  America. 

In  reply  to  the  resolution  of  the  House  of  Representatives  of  the 
24th  ultimo,  requesting  the  President  to  furnish  certain  informa 
tion  in  reference  to  the  James  River  defenses  and  the  defenses  of 
the  city  of  Richmond,  with  "his  own  opinion  thereon,  and  to  cause 
a  survey  to  be  made  of  the  Chickahominy  and  its  branches,  with 
reference  to  its  being  occupied  as  a  defensive  line,  I  transmit  here 
with  a  communication  from  the  Secretary  of  War,  submitting  a 
report  of  Capt.  Alfred  L.  Rives,  in  charge  of  the  Engineer  Bureau, 
on  the  subjects  referred  to,  so  far  as  the  information  obtained  will 
admit. 

The  report  of  Captain  Rives  states  the  facts  in  regard  to  the 
state  of  the  defenses  of  the  James  River  and  the  city  of  Richmond  ; 
and  in  the  views  presented  by  him  I  generally  concur.  It  may  be 


2O2  Messages  and  Papers  of  the  Confederacy. 

proper,  however,  to  add  something  in  explanation  of  the  facts 
presented,  and  my  own  impressions  derived  from  various  sources 
from  time  to  time.  The  work  at  Day's  Point  possesses  but  little 
value  for  the  defense  proper  of  the  James  River.  It  was  located 
with  regard  to  the  protection  of  Burwell's  Bay  and  the  country 
above  from  foraging  excursions  of  the  enemy  by  water,  and  as  a 
protection  to  our  own  boats  in  the  river.  A  site  somewhat  lower 
down  would  have  been  preferable,  according  to  information  ob 
tained  since  the  location  of  the  work,  but  it  has  thus  far  fulfilled 
its  object;  and  as  it  has  been  well  constructed,  with  much  labor 
and  expense,  it  is  probably  best  not  to  disturb  it  except  by  the  ad 
dition  of  a  small  outwork  to  command  the  approaches  in  its  rear, 
which,  I  am  told,  is  being  done. 

The  next  position  above,  defended  by  the  works  at  Hardy's 
Bluff  and  Mulberry  Island,  possesses  great  importance  from  being 
the  right  flank  of  General  Magruder's  chosen  defensive  line  on 
the  Peninsula,  and  the  lowest  point  which  gives  the  hope  of  a 
successful  protection  of  the  river  against  the  wooden  fleets  of  the 
enemy.  Ironclad  vessels,  of  which  we  have  not  had  sufficient  ex 
perience  to  form  a  correct  judgment,  can  pass  these  works,  as  the 
channel  is  too  wide  and  deep  for  obstructions,  unless  wrought- 
iron  bolts,  now  being  prepared  for  trial  against  the  Ericsson  bat 
tery  (Monitor)  and  others  of  the  same  class,  prove  more  effective 
than  can  be  reasonably  hoped  for ;  but  still  the  transports  necessary 
for  a  formidable  expedition  ought  to  be  kept  back  by  the  batteries 
so  long  as  they  are  held ;  and  it  is  thought  that  they  should  not  be 
silenced  by  a  few  ironclad  vessels  operating  with  a  small  number 
of  guns  at  long  range,  especially  as  the  battery  at  Hardy's  Bluff 
has  considerable  elevation.  Both  works  are  strong  against  a  land 
attack.  The  guns  at  Jamestown  Island  will  probably  be  removed 
to  the  position  just  referred  to,  as  soon  as  it  is  fully  prepared  for 
them. 

The  position  at  Drewry's  Bluff,  seven  or  eight  miles  below  Rich 
mond,  which  has  intimate  relations  with  the  defenses  proper  of 
the  city,  was  chosen  to  obstruct  the  river  against  such  vessels  as 
the  Monitor.  The  work  is  being  rapidly  completed.  Either  Fort 
Powhatan  or  Kennon's  Marshes,  if  found  to  be  the  proper  po 
sitions,  will  be  fortified  and  obstructed  as  at  Drewry's  Bluff  to 
prevent  the  ascent  of  the  river  by  ironclad  vessels.  Blocking  the 


First  Congress.  203 

channel,  where  sufficiently  narrow,  by  strong  lines  of  obstructions, 
rilling  it  with  submarine  batteries,  and  flanking  the  obstructions 
by  well-protected  batteries  of  the  heaviest  guns,  seem  to  offer  the 
best  and  speediest  chances  of  protection,  with  the  means  at  our 
disposal,  against  ironclad  floating  batteries.  The  field  works  for 
the  defense  of  Richmond,  which  are  arranged  upon  the  plan  of  the 
detached  system,  conceded  by  most  military  men  to  be  the  best, 
are  completed,  with  the  exception  of  two  on  the  side  of  the  city, 
and  one  main  and  two  accessory  works  on  the  Manchester  side. 
The  unfinished  works  will  be  completed  as  soon  as  more  important 
ones  farther  from  the  city  are  in  a  more  efficient  condition.  The 
line  occupied  by  these  works  was  chosen  to  make  it  as  short  as 
possible,  partly  from  the  difficult}-  of  defending  a  longer  line,  and 
partly  from  the  time,  labor,  and  expense  necessary  to  construct 
such  a  one.  It  is  rather  nearer  the  city  than  desirable,  but  the 
enemy  must  remain  out  of  reach  of  our  guns,  at  least  as  heavy  as 
his,  until  the  line  is  carried,  and  then  the  city  must  fall,  \vhether 
the  line  be  near  or  removed  within  the  limits  of  a  few  miles.  I 
see  no  advantage  in  constructing  a  new  line  more  removed  from 
the  city,  unless  the  Chickahominy  be  found  suited  to  the  system 
of  dams  and  overflow,  which,  I  think,  from  the  information  in  my 
possession,  is  problematical.  Should  the  enemy  get  near  enough 
to  lay  siege  to  this  city,  additional  works  can  be  thrown  up  as  he 
develops  his  plans  and  means ;  and  these,  with  those  already  con 
structed,  can  be  armed  with  the  guns  which  would  necessarily  be 
brought  back  with  the  troops  to  defend  them.  The  want  of  heavy 
guns  and  the  requisite  carriages  has  prevented  the  fortifications 
here  from  being  armed  with  them  to  any  extent,  and  I  do  not  think 
it  wise  to  take  them  for  this  purpose  from  other  points  where,  in 
my  opinion,  they  are  more  needed.  Any  system  of  fortification 
which  could  be  constructed  during  the  war  for  the  defense  of  this 
city  would  only  serve  to  gain  time.  An  army  which  allows  itself 
to  be  shut  up  in  a  fortified  city  must  finally  yield  to  an  enemy  su 
perior  in  numbers  and  munitions  of  war.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  March  24,  1862. 
To  the  Honorable  the  Speaker  of  the  House  of  Representatives. 

Sir:  Inclosed  I  send  for  the  consideration  and  action  of  the 
House  of  Representatives  a  communication  from  the  Acting  Sec- 


204  Messages  and  Papers  of  the  Confederacy. 

retary  of  War,  explaining  the  appropriations  already  made  of  one 
million  dollars,  for  the  floating  defenses  of  the  western  waters, 
and  asking  a  further  appropriation  of  half  a  million  dollars,  to  be 
used  for  the  same  purposes. 

I  recommend  that  the  money  be  appropriated  as  requested. 

JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,,  March  24,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  for  the  consideration  of  the  House  of 
Representatives  a  communication  from  the  Secretary  of  the  Navy, 
with  accompanying  papers*  which  afford  the  information  sought 
by  the  resolution  of  the  House  of  Representatives  on  the  l/th 
inst. 

I  also  suggest  that  these  papers  be  regarded  confidential  and  be 
considered  in  secret  session.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  VA.,  March  25,  1862. 
To  the  House  of  Representatives  of  the  Confederate  States. 

In  answer  to  your  resolution  of  the  2ist  instant,  calling  upon 
the  President  for  information  in  regard  to  the  protection  of  our 
principal  cities  from  iron-plated  vessels  'by  means  of  obstructions 
and  submarine  batteries,  and  whether  any  additional  appropria 
tions  are  needed  for  these  objects,  I  have  to  state  generally  that 
the  channels  of  approach  to  our  principal  cities  have  been  and  are 
being  obstructed  according  to  the  means  at  hand ;  that  submarine 
batteries  have  been  and  are  being  prepared,  and  that  no  additional 
appropriations  for  these  objects  are  considered  to  be  needed. 
Until  recently  the  character  of  the  enemy's  iron-plated  vessels 
was  not  well  enough  known  to  arrange  obstructions  specially  for 
them,  but  the  same  principle  obtains  and  the  obstructions  already 
prepared  can  be  strengthened  when  necessary.  For  the  want  of 
insulated  wire  we  are  deprived  of  that  class  of  submarine  batteries 
exploded  at  will  by  electricity,  which  promises  the  best  results. 

*  Relating  to  purchase  and  construction  of  ships  and  munitions  of  war, 
and  purchase  of  vessels  abroad. 


First  Congress.  205 

Experiments  upon  several  kinds  of  such  as  are  exploded  by  im 
pact  have  been  in  progress  since  an  early  period  of  the  war.  These 
torpedoes  can  be  rendered  harmless  by  the  enemy  in  most  cases 
by  setting  adrift  floating  bodies  to  explode  them,  as  is  said  to  have 
been  done  on  the  Mississippi  River,  and  as  they  cannot  be  put  in 
place  so  long  as  all  the  channels  are  required  for  use  by  our  own 
boats  no  great  degree  of  importance  is  attached  to  them.  They 
may  serve,  however,  to  gain  time  by  making  the  enemy  more  cau 
tious  ;  and  most  of  our  seacoast  defenses  have  already  received,  or 
will  as  soon  as  practicable  receive,  a  certain  supply  of  them. 

JEFF'N  DAVIS. 


EXECUTIVE  DEPARTMENT,  March  25,  1862. 
To  the  Hon.  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  for  the  consideration  and  action  of  the 
House  of  Representatives  a  communication  from  the  Secretary  of 
the  Navy  covering  "an  estimate  of  an  additional  appropriation 
required  for  the  service  of  the  Navy  Department  from  April  I  to 
November  30,  1862." 

I  recommend  that  an  appropriation  be  made  of  the  sum  and  for 
the  purpose  specified.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  March  28,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

The  operation  of  the  various  laws  now  in  force  for  raising 
armies  has  exhibited  the  necessity  for  reform.  The  frequent 
changes  and  amendments  which  have  been  made  have  rendered 
the  system  so  complicated  as  to  make  it  often  quite  difficult  to  de 
termine  what  the  law  really  is,  and  to  what  extent  prior  enact 
ments  are  modified  by  more  recent  legislation.  There  is  also  em 
barrassment  from  conflict  between  State  and  Confederate  legisla 
tion.  I  am  happy  to  assure  you  of  the  entire  harmony  of  purpose 
and  cordiality  of  feeling  which  have  continued  to  exist  between 
myself  and  the  Executives  of  the  several  States;  and  it  is  to  this 
cause  that  our  success  in  keeping  adequate  forces  in  the  field  is  to 
be  attributed.  These  reasons  would  suffice  for  inviting  your 
•earnest  attention  to  the  necessity  of  some  simple  and  general  sys- 


206  Messages  and  Papers  of  the  Confederacy. 

tern  for  exercising  the  power  of  raising  armies,  which  is  vested 
in  the  Congress  by  the  Constitution.  But  there  is  another  and 
more  important  consideration.  The  vast  preparations  made  by  the 
enemy  for  a  combined  assault  at  numerous  points  on  our  frontier 
and  seacoast  have  produced  the  result  that  might  have  been  ex 
pected.  They  have  animated  the  people  with  a  spirit  of  resistance 
so  general,  so  resolute,  and  so  self-sacrificing  that  it  requires  rather 
to  be  regulated  than  to  be  stimulated.  The  right  of  the  State  to 
demand,  and  the  duty  of  each  citizen  to  render,  military  service, 
need  only  to  be  stated  to  be  admitted.  It  is  not,  however,  wise  or 
judicious  policy  to  place  in  active  service  that  portion  of  the  force 
of  a  people  which  experience  has  shown  to  be  necessary  as  a  re 
serve.  Youths  under  the  age  of  eighteen  years  require  further 
instruction ;  men  of  matured  experience  are  needed  for  maintain 
ing  order  and  good  government  at  home  and  in  supervising  prepa 
rations  for  rendering  efficient  the  armies  in  the  field.  These  two 
classes  constitute  the  proper  reserve  for  home  defense,  ready  to 
be  called  out  in  case  of  emergency,  and  to  be  kept  in  the  field  only 
while  the  emergency  exists.  But  in  order  to  maintain  this  reserve 
intact  it  is  necessary  that  in  a  great  war  like  that  in  which  we  are 
now  engaged  all  persons  of  intermediate  age  not  legally  exempt 
for  good  cause  should  pay  their  debt  of  military  service  to  the 
country,  that  the  burdens  should  not  fall  exclusively  on  the  most 
ardent  and  patriotic.  I  therefore  recommend  the  passage  of  a  law 
declaring  that  all  persons  residing  within  the  Confederate  States, 
between  the  ages  of  eighteen  and  thirty-five  years,  and  rightfully 
subject  to  military  duty,  shall  be  held  to  be  in  the  military  service 
of  the  Confederate  States,  and  that  some  plain  and  simple  method 
be  adopted  for  their  prompt  enrollment  and  organization,  repeal 
ing  all  the  legislation  heretofore  enacted  which  would  conflict  with 
the  system  proposed.  JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE,  RICHMOND,  March  29,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  herewith  transmit  a  report  and  accompanying  tabular  state 
ment  from  the  Secretary  of  State,  in  answer  to  a  resolution  of  the 
House  of  Representatives  of  the  26th  inst. 

JEFFERSON  DAVIS. 


First  Congress.  207 

EXECUTIVE  DEPARTMENT,  April  i,  1862. 

To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  the  report*  of  the  Secretary  of  the  Navy, 
which  I  recommend  be  considered  in  secret  session. 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  April  i,  1862. 
To  the  Hon.  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  to  the  House  of  Representatives  a  com 
munication  from  the  Secretary  of  War,  affording,  as  far  as  prac 
ticable,  the  information  sought  by  the  ''resolution  of  inquiry 
adopted  by  the  House  of  Representatives  in  regard  to  the  dis 
asters  at  Forts  Henry  and  Donelson,"  &c.,  and  replying  to  the  "ad 
ditional  resolution  of  the  House  of  Representatives,"  adopted 
March  31,  1862,  calling  for  the  official  response  of  General  A.  S. 
Johnston  to  the  interrogatories  propounded  to  him  in  regard  to 
those  subjects;  and  also  for  a  copy  of  the  supplementary  report 
of  General  Pillow  in  regard  to  the  affair  at  Fort  Donelson,  &c. 

JEFFERSON  DAVIS. 

To  the  Hon.  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  to  the  House  of  Representatives  a  com 
munication  from  the  Secretary  of  the  Treasury,  covering  addi 
tional  estimates  for  clerks  to  be  employed  in  the  offices  of  the 
Treasurer,  Assistant  Treasurer,  and  Depositaries  of  the  Confed 
erate  States,  and  I  recommend  that  the  appropriation  be  made  of 
the  sums  and  for  the  purposes  specified.  JEFFERSON  DAVIS. 

[Received  April  i,  1862.] 

To  the  Hon.  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  to  the  House  of  Representatives  a  com 
munication  from  the  Secretary  of  War,  in  reference  to  a  "resolu 
tion  of  the  House,"  requesting  the  President  to  furnish  to  the 

*In  compliance  with  a  resolution  of  the  House  of  Representatives  re 
questing  a  report  on  the  plan  and  construction  of  the  Virginia,  the  reasons 
for  applying  the  plan  to  the  Merrimac,  and  what  persons  rendered  es 
pecial  aid  in  designing  and  building  the  ship. 


208  Messages  and  Papers  of  the  Confederacy. 

House  "a  copy  of  the  report  of  Gen.  H.  A.  Wise,  touching  the 
fall  of  Roanoke  Island,  which  was  made  by  him  to  the  Secretary 
of  War,  under  date  of  the  2ist  February,  1862,  if  not  inconsistent 
with  the  public  interest."  JEFFERSON  DAVIS. 

[Received  April  i,  1862.] 


EXECUTIVE  DEPARTMENT,  April  i,  1862. 
To  the  Hon.  the  Speaker  of  the  House  of  Representatives. 

Sir:  I  herewith  transmit  to  the  House  of  Representatives  a  com 
munication  of  the  Secretary  of  the  Navy,  covering  information 
sought  by  a  resolution  of  the  House  requesting  the  President  to 
communicate  to  the  House  what  additional  sums  of  money,  if  any, 
are  in  his  judgment  necessary  to  the  Departments  of  War  and 
Navy,  in  order  to  secure  a  successful  prosecution  of  the  war  and 
effective  defense  of  the  Confederate  States  during  the  time  for 
which  Congress  at  its  present  session  should  make  provision. 

JEFFERSON  DAVIS. 


To  the   Senate  and  House  of  Representatives  of  the   Confederate   States 
of  America. 

The  great  importance  of  the  news  first  received  from  Tennes 
see  induces  me  to  depart  from  established  usage,  and  to  make  to 
you  this  communication  in  advance  of  official  reports. 

From  telegraphic  dispatches  received  from  official  sources,  I 
am  able  to  announce  to  you  with  entire  confidence  that  it  has 
pleased  Almighty  God  to  crown  the  Confederate  arms  with  a 
glorious  and  decisive  victory  over  our  invaders. 

On  the  morning  of  the  6th  inst.,  the  converging  columns  of  our 
army  were  combined  by  its  commander  in  chief,  Gen.  A.  S.  John 
ston,  in  an  assault  on  the  Federal  army,  then  encamped  near 
Pittsburg,  on  the  Tennessee  River.  After  a  hard-fought  battle 
of  ten  hours,  the  enemy  was  driven  in  disorder  from  his  position 
and  pursued  to  the  Tennessee  River,  where,  under  cover  of  his 
gunboats,  he  was,  at  the  last  accounts,  endeavoring  to  effect  his 
retreat  by  aid  of  his  transports. 

The  details  of  this  great  battle  are  yet  too  few  and  incomplete 
to  enable  me  to  distinguish  with  merited  praise  all  of  those  who 
may  have  conspicuously  earned  the  right  to  such  distinction ;  and 


First  Congress.  209 

I  prefer  to  delay  my  own  gratification  in  recommending  them  to 
your  special  notice,  rather  than  incur  the  risk  of  wounding  the 
feelings  of  any  by  failing  to  include  them  in  the  list.  Where  such 
a  victory  has  been  won  over  troops  as  numerous,  as  well  dis 
ciplined,  armed,  and  appointed  as  those  which  have  just  been  so 
signally  routed,  we  may  well  conclude  that  one  common  spirit  of 
unflinching  bravery  and  devotion  to  our  country's  cause  must  have 
animated  every  breast,  from  that  of  the  Commanding  General  to 
that  of  the  humblest  patriot  who  served  in  the  ranks. 

There  is  enough  in  the  continued  presence  of  invaders  on  our 
soil  to  chasten  our  exultation  over  this  brilliant  success,  and  to 
remind  us  of  the  grave  duty  of  continued  exertion  until  we  shall 
extort  from  a  proud  and  vainglorious  enemy  the  reluctant  ac 
knowledgment  of  our  right  to  self-government.  But  an  all-wise 
Creator  has  been  pleased,  while  vouchsafing  to  us  his  countenance 
in  battle,  to  afflict  us  with  a  severe  dispensation,  to  which  we  must 
bow  in  humble  submission.  The  last  lingering  hope  has  disap 
peared,  and  it  is  but  too  true  that  General  Albert  Sidney  Johnston 
is  no  more.  The  tale  of  his  death  is  simply  narrated  in  a  dispatch 
first  received  from  Col.  William  Preston  in  the  following  words : 
''General  Johnston  fell  yesterday  at  half-past  two  o'clock,  while 
leading  a  successful  charge,  turning  the  enemy's  right  and  gaining 
a  brilliant  victory.  A  Minie  ball  cut  the  artery  of  his  leg,  but  he 
rode  on  till,  from  loss  of  blood,  he  fell  exhausted,  and  died  without 
pain  in  a  few  minutes.  His  body  has  been  intrusted  to  me  by  Gen. 
Beauregard,  to  be  taken  to  New  Orleans,  and  remain  until  direc 
tions  are  received  from  his  family." 

My  long  and  close  friendship  with  this  departed  chieftain  and 
patriot  forbids  me  to  trust  myself  in  giving  vent  to  the  feelings 
which  this  sad  intelligence  has  evoked.  Without  doing  injustice 
to  the  living,  it  may  safely  be  asserted  that  our  loss  is  irreparable ; 
and  that  among  the  shining  hosts  of  the  great  and  the  good  who 
now  cluster  around  the  banner  of  our  country,  there  exists  no 
purer  spirit,  no  more  heroic  soul  than  that  of  the  illustrious  man 
whose  death  I  join  you  in  lamenting. 

In  his  death  he  has  illustrated  the  character  for  which,  through 
life,  he  was  conspicuous,  that  of  singleness  of  purpose  and  de 
votion  to  duty.  With  his  whole  energies  bent  on  attaining  the 
victor  which  he  deemed  essential  to  his  countr's  cause,  he  rode 


2io  Messages  and  Papers  of  the  Confederacy. 

on  to  the  accomplishment  of  his  object,  forgetful  of  self,  while 
his  very  lifeblood  was  fast  ebbing  away.  His  last  breath  cheered 
his  comrades  to  victory.  The  last  sound  he  heard  was  their  shout 
of  triumph.  His  last  thought  was  his  country's,  and  long  and 
deeply  will  his  country  mourn  his  loss.  JEFFERSON  DAVIS. 

April  8,  1862. 


EXECUTIVE  DEPARTMENT,  April  10,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  to  Congress  a  communication*  from  the  Sec 
retary  of  the  Navy,  covering  a  "detailed  report  of  Flag  Officer 
Buchanan,  of  the  brilliant  triumph  of  his  squadron  over  the  vastly 
superior  forces  of  the  enemy,  in  Hampton  Roads,  on  the  8th  and 
9th  of  March  last."  JEFFERSON  DAVIS. 

CONFEDERATE  STATES  OF  AMERICA,  NAVY  DEPARTMENT, 
RICHMOND,  April  7,  1862. 

To  the  President. 

Sir :  I  have  the  honor  to  submit  herewith  copy  of  the  detailed  reportt  of 
Flag  Officer  Buchanan,  of  the  brilliant  triumph  of  his  squadron  over  the 
vastly  superior  forces  of  the  enemy,  in  Hampton  Roads,  on  the  8th  and 
gth  of  March  last,  a  brief  report,  by  Lieut.  Jones,  of  the  battle  of  the  8thr 
having  been  previously  made. 

The  conduct  of  the  officers  and  men  of  the  squadron,  in  this  contest, 
reflects  unfading  honor  upon  themselves  and  upon  the  navy.  The  report 
will  be  read  with  deep  interest,  and  its  details  will  not  fail  to  rouse  the 
ardor  and  nerve  the  arms  of  our  gallant  seamen. 

It  will  be  remembered  that  the  Virginia  was  a  novelty,  in  naval  archi 
tecture,  wholly  unlike  any  ship  that  ever  floated;  that  her  heaviest  guns 
were  equal  novelties  in  ordnance;  that  her  motive  power  and  obedience 
to  her  helm  were  untried,  and  her  officers  and  crew  strangers,  compara 
tively,  to  the  ship  and  to  each  other;  and  yet,  under  all  these  disadvantages, 
the  dashing  courage  and  consummate  professional  ability  of  Flag  Officer 
Buchanan  and  his  associates  achieved  the  most  remarkable  victory  which 
naval  annals  record. 

When  the  Flag  Officer  was  disabled,  the  command  of  the  Virginia  de 
volved  upon  her  Executive  and  Ordnance  Officer,  Lieut.  Catesby  Ap  R. 
Jones,  and  the  cool  and  masterly  manner  in  which  he  fought  the  ship  in 
her  encounter  with  the  ironclad  Monitor  justified  the  high  estimate  which 
the  country  places  upon  his  professional  merit. 

*See  also  message  of  March  1 1,  1862,  page  197.    t  Omitted. 


First  Congress.  211 

To  his  experience,  skill,  and  untiring  industry  as  her  Ordnance  and 
Executive  Officer  the  terrible  effect  of  her  fire  was  greatly  due.  Her  bat 
tery  was  determined  in  accordance  with  his  suggestions,  and  in  all  in 
vestigations  and  tests,  which  resulted  in  its  thorough  efficiency,  he  was 
zealously  engaged. 

The  terms  of  commendation  used  by  the  Flag  Officer  in  characterizing 
the  conduct  of  his  officers  and  men  meet  the  cordial  indorsement  of  the 
Department,  and  the  concurrent  testimony  of  thousands  who  witnessed 
the  engagement  places  his  own  conduct  above  all  praise. 

With  much  respect,  your  obedient  servant, 

S.  R.  MALLORY,  Secretary  of  the  Navy. 


To  the  Senate  of  the  Confederate  States. 

I  transmit  herewith  a  letter  from  the  Secretary  of  the  Navy, 
submitting  a  proposition  for  the  construction  of  ironclad  vessels 
in  Europe,  and  commend  it  to  the  attention  of  Congress. 

JEFFERSON  DAVIS. 
Richmond,  Va.,  April  10,  1862. 

[The  same  message  was  sent  to  the  House  of  Representatives.] 


EXECUTIVE  DEPARTMENT,  April  n,  1862. 
To  the  Senate  of  the  Confederate  SHai«s. 

I  herewith  transmit  to  Congress  a  report  of  the  Postmaster 
General,  supplementary  to  a  report  previously  submitted,  and 
covering  certain  documents  relative  to  "frauds  perpetrated  on  the 
revenues  of  the  Post  Office  Department  by  the  Southern  Express 
Company/' 

I  recommend  that  the  suggested  alteration  of  the  existing  laws 
receive  the  careful  attention  of  Congress.  JEFFERSON  DAVIS 


EXECUTIVE  DEPARTMENT,  RICHMOND,  April  12,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  nominate  Braxton  Bragg,  of  Louisiana,  to  the  rank  of  General 
in  the  Army  of  the  Confederate  States,  agreeably  to  the  recom 
mendation  of  the  Secretary  of  War,  to  take  rank  from  the  6th  day 
of  April,  1862.  JEFFERSON  DAVIS. 


212  Messages  and  Papers  of  the  Confederacy. 

To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  conveying  information,  so  far  as  practicable,  in  response  to 
a  resolution  of  the  House  of  Representatives,  requesting  the  Pres 
ident  to  communicate  what  steps  have  been  taken  to  carry  out  the 
act  for  connecting  the  Richmond  and  Danville  and  the  North 
Carolina  railroads,  and  for  the  connection  of  the  railroad  from 
Selma,  in  Alabama,  to  Meridian,  in  Mississippi. 

JEFFERSON  DAVIS. 

[Received  April  14,  1862.] 


EXECUTIVE  DEPARTMENT,  April  16,  1862. 
To  the  Senate  of  the  Confederate  States. 

In  compliance  with  your  request  for  information,  expressed  in 
a  resolution  of  the  I4th  inst.,  I  herewith  transmit  a  communica 
tion  from  the  Secretary  of  War,  covering  a  copy  of  the  report  of 
General  Branch  of  the  battle  of  Newbern,  North  Carolina. 

JEFFERSON  DAVIS. 

April  17,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  deem  it  my  duty  to  call  your  attention  to  some  practical  diffi 
culties  which  will  occur  in  the  execution  of  the  law  just  passed 
for  the  conscription  of  all  persons  subject  to  military  duty  between 
the  ages  of  eighteen  and  thirty-five  years,  and  to  point  out  some 
omissions  that  it  seems  wise  to  supply.  First.  There  are  a  number 
of  troops  in  the  service  of  the  several  States  for  which  no  pro 
vision  is  made.  They  have  been  organized  for  State  defense, 
which  is  necessarily  the  public  defense,  but  are  not  a  part  of  the 
armies  of  the  Confederacy.  It  would  not  be  politic  to  break  up 
these  organizations  for  the  purpose  of  taking  out  of  them  such  of 
the  men  as  are  subject  to  conscription  for  distribution  among  other 
troops.  I  suggest  that  power  be  granted  to  the  Executive  to  ac 
cept  a  transfer  of  such  regiments,  battalions,  squadrons,  or  com 
panies  now  in  the  service  of  the  respective  States  as  may  be  ten 
dered  by  the  States,  according  to  any  organization  consistent  with 
the  Confederate  laws.  Second.  In  the  tenth  section  of  the  bill 
there  is  a  seeming  conflict  between  two  clauses,  one  of  which  re- 


First  Congress.  213 

quires  that  in  all  cases  elections  shall  be  held  to  fill  the  lowest 
grade,  while  another  gives  power  to  promote  from  the  ranks  to 
any  vacant  office  a  private  who  may  have  distinguished  himself 
conspicuously.  I  would  be  glad  to  have  the  intent  of  Congress  on 
this'  point  stated  in  an  amendment  to  the  bill.  Third.  Under  the 
fourth  section  of  the  act  of  the  nth  of  December,  1861,  it  was  de 
clared  that  all  troops  revolunteering  or  reenlisting  shall,  at  the 
expiration  of  their  present  term  of  service,  have  the  power  to 
reorganize  themselves  into  companies  and  elect  their  company 
officers,  and  that  said  companies  should  have  the  right  to  reorgan 
ize  themselves  into  battalions  or  regiments,  and  elect  their  field 
officers,  £c.  By  the  second  section  of  the  act  just  passed,  i6th 
of  April,  1862,  it  is  prohibited  to  include  in  the  organization  of 
such  new  companies  and  regiments  as  may  be  completed  within 
thirty  days  "any  persons  now  in  the  service."  It  is  submitted 
whether  bare  justice  to  the  men  who  first  entered  the  military 
service,  and  who  have  again  voluntarily  enrolled  themselves  to 
serve  for  the  war,  does  not  require  that  the  Government  should 
carry  out  the  understanding  under  which  they  reenlisted,  by  per 
mitting  them  to  serve  in  organizations  more  acceptable  to  them 
than  those  in  which  they  are  now  embraced.  I  should  regret  to 
see  men  now  for  the  first  time  brought  into  the  service  under  the 
stringency  of  the  law  vested  with  the  right  of  choosing  their  as 
sociation,  while  the  same  privilege  is  denied  to  those  who  have  dis 
tinguished  themselves  by  the  alacrity  with  which  they  have  vol 
unteered.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  April  17,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  the  information  of  Congress  a  commu 
nication  from  the  Secretary  of  the  Navy,  covering  estimates  for 
the  amount  required  by  the  Navy  Department  for  specified  pur 
poses. 

I  recommend  that  an  appropriation  be  made  of  the  sums  and 
for  the  objects  mentioned.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  April  17,  1862. 
To  the   House  of   Representatives. 

I  herewith  transmit  a  communication   from  the  Secretarv  of 


214  Messages  and  Papers  of  the  Confederacy. 

War,  containing  an  estimate  of  additional  funds  required  for  the 
Ordnance  Bureau  for  the  period  ending  December  i,  1862. 

I  recommend  that  an  appropriation  be  made  of  the  sums  and 
for  the  purposes  specified.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  April  18,  1862. 
Hon.  Thos.  S.  Bocock,  Speaker  of  the  House  of  Representatives. 

Sir:  I  transmit  herewith  Lieut.  Commanding  Robert  B.  Pe- 
gram's  report  of  the  cruise  of  the  Nashville,  and  certain  official 
correspondence  called  for  by  the  resolution  of  the  House  of  Rep 
resentatives  of  the  1 5th  inst.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,  April  18,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  the  information  of  Congress  a  commu 
nication  from  the  Secretary  of  War,  covering  "a  copy  of  the  official 
report  of  Major  General  Earl  Van  Dorn  of  the  battle  between 
his  forces  and  those  of  Generals  Sigel  and  Curtis  in  Arkansas." 

JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT,,  April  21,  1862. 
To  the  Honorable  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  covering  an  estimate  of  an  appropriation  required  to 
carry  into  effect  an  act  therein  mentioned. 

I  recommend  that  an  appropriation  be  made  of  the  sum  and  for 
the  purposes  specified.  JEFFERSON  DAVIS. 

April  21,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  deem  it  proper  to  inform  you  that  a  number  of  acts  passed  by 
the  Congress  were  presented  to  me  at  a  very  late  hour  on  Saturday 
night.  I  have  examined  them  as  carefully  as  the  limited  time  at 
my  disposal  has  permitted,  and  have  returned  nearly  all  of  them 
with  my  approval.  There  are,  however,  three  of  them  to  which 
I  have  objections,  which  it  is  impossible  to  communicate  to  you  in 


Congress.  215 

writing  within  the  few  remaining  hours  of  the  session,  and  which 
will  therefore  fail  to  become  laws.  Happily  the  acts  in  question 
are  not  of  great  public  importance.  Recognizing,  as  I  do,  the 
right  of  Congress  to  receive  the  fullest  information  from  the  Ex 
ecutive  on  all  matters  of  legislation  on  which  his  concurrence  is 
required  by  the  Constitution,  I  have  considered  it  more  respect 
ful  to  Congress  to  make  this  statement  of  the  cause  which  has 
prevented  my  action  on  these  bills  than  to  retain  them  without  as 
signing  my  reason  for  so  doing.  JEFFERSON  DAVIS. 


VETO  MESSAGES. 

EXECUTIVE  DEPARTMENT,  March  14,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

Not  being  able  to  approve,  I  return  with  my  objections,  in  ac 
cordance  with  the  duty  imposed  by  the  Constitution,  an  act  entitled 
"An  Act  to  create  the  office  of  commanding  general  of  the  armies 
of  the  Confederate  States/'  The  act  creates  an  office  which  is  to 
continue  during  the  pleasure  of  the  President,  but  the  tenure  of 
office  of  the  general  to  be  appointed  is  without  any  other  limita 
tion  than  that  of  the  office  itself.  The  purpose  of  the  act,  so  far 
as  it  creates  a  military  bureau,  the  head  of  which,  at  the  seat  of 
government,  under  direction  of  the  President,  shall  be  charged 
with  the  movement  of  troops,  the  supply  and  discipline  of  the 
Army,  I  fully  approve ;  but,  by  what  I  cannot  regard  otherwise 
than  as  an  inadvertence  on  the  part  of  Congress,  the  officer  so  ap 
pointed  is  authorized  to  take  the  field  at  his  own  discretion  and 
command  any  army  or  armies  he  may  choose,  not  only  without  the 
direction  but  even  against  the  will  of  the  President,  who  could 
not  consistently  with  this  act  prevent  such  conduct  of  the  gen 
eral  otherwise  than  by  abolishing  his  office.  To  show  that  the 
effect  of  this  act  would  be  highly  detrimental  to  the  Army,  it 
might  be  enough  to  say  that  no  general  would  be  content  to  pre 
pare  troops  for  battle,  conduct  their  movements,  and  share  their 
privations  during  a  whole  campaign  if  he  expected  to  find  him 
self  superseded  at  the  very  moment  of  action.  But  there  is  another 
ground  which  to  my  mind  is  conclusive.  The  Constitution  vests 
in  the  Executive  the  command  in  chief  of  the  armies  of  the  Con- 


216  Messages  and  Papers  of  the  Confederacy. 

federacy ;  that  command  is  totally  inconsistent  with  the  existence 
of  an  officer  authorized,  at  his  own  discretion,  to  take  command  of 
armies  assigned  by  the  President  to  other  generals.  The  Ex 
ecutive  could  in  no  just  sense  be  said  to  be  Commander  in  Chief 
if  without  the  power  to  control  the  discretion  of  the  general  cre 
ated  by  this  act.  As  it  cannot  have  been  the  intention  of  Congress 
to  create  the  office  of  a  general  not  bound  to  obey  orders  of  the 
, Chief  Magistrate,  and  as  this  seems  to  be  the  effect  of  the  act,  I 
can  but  anticipate  the  concurrence  of  the  Congress  in  my  opinion 
that  it  should  not  become  a  law.  JEFFERSON  DAVIS. 

CONFEDERATE  STATES  OF  AMERICA, 
EXECUTIVE  DEPARTMENT,  April  19,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  return,  without  my  approval,  to  the  Senate,  the 
"joint  resolution  directing  how  prize  money  shall  be  paid  in  cer 
tain  cases." 

This  resolution  declares  that  the  share  of  prize  money  awarded,, 
or  which  may  be  awarded,  to  any  seaman  or  marine  who  is  or 
may  be  a  prisoner  in  the  hands  of  the  enemy,  shall,  under  the  di 
rection  of  the  Secretary  of  the  .Navy,  be  paid  to  the  wife  of  such 
seaman  or  marine  during  his  captivity. 

However  praiseworthy  the  motive  which  prompts  to  provide 
for  the  wives  of  our  seamen  or  marines  now  held  in  captivity  by 
the  enemy,  I  do  not  believe  that  Congress  can,  constitutionally, 
without  the  consent  of  the  husband,  direct  the  payment  to  his 
wife  of  any  money  now  due  him.  The  husband's  right  to  the  con 
trol  and  disposition  of  prize  money  already  awarded  him  is  as  ab 
solute  as  that  to  any  other  property  owned  by  him.  Congress 
has  no  greater  power  over  the  prize  money  due  him  than  over 
any  other  property  which  he  owns.  Vested  rights  cannot  be  dis 
turbed  or  impaired  by  legislative  authority,  except  in  the  very 
special  cases  named  in  the  Constitution.  JEFFERSON  DAVIS. 

CONFEDERATE  STATES  OF  AMERICA, 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  VA.,  April  19,  1862. 

To  the  Senate  of  the  Confederate  States. 

I  am  constrained  by  the  view  which  I  take  of  the  constitutional 


First  Congress.  217 

powers  of  Congress,  to  return,  without  my  approval,  a  bill  to  be 
entitled  "An  Act  relative  to  the  pay  and  allowances  of  deceased 
soldiers,"  originating  in  the  Senate. 

The  bill  in  express  terms  declares  and  enacts  that  the  pay  and 
allowances  now  due  to  any  deceased  officer,  non-commissioned 
officer,  musician,  private,  or  other  person,  for  services  in  the  Army 
of  the  Confederate  States,  shall  be  paid  to  the  widow  of  the  de 
ceased,  if  living,  or  to  others  who  may  be  his  heirs,  if  she  be  not 
living.  In  other  words,  Congress,  by  this  act,  is  making  a  dis 
tribution  law  to  affect  a  portion  of  the  estates  of  persons  already 
deceased.  To  the  several  States  composing  the  Confederacy  prop 
erly  belongs  the  power  to  pass  laws  for  the  administration  and 
distribution  of  the  estates  of  deceased  persons.  I  doubt  very 
much  the  constitutional  power  of  Congress  to  pass  any  law  on  this 
subject,  even  of  a  prospective  character.  But  this  bill  operates 
on  the  past  as  well  as  the  future.  Rights  already  vested  and  gov 
erned  by  the  law  of  the  State  in  which  the  deceased  soldier  had 
his  domicile  are  attempted  to  be  disturbed  by  the  provisions  of  this 
bill.  In  my  judgment,  Congress  has  no  such  power.  The  laws 
of  the  United  States,  which  the  Confederate  States  adopted,  were 
in  force  here  when  our  soldiers  enlisted.  These  laws  in  reference 
to  payment  of  arrears  and  effects  of  deceased  soldiers  may  be  re 
garded  as  a  part  of  the  contract  of  such  deceased  soldier.  An  ex 
amination  of  these  laws  will  show  that  such  arrears  and  effects 
were  to  be  held  and  paid  to  the  legal  representatives  of  the  de 
ceased  soldier.  JEFFERSON  DAVIS. 


PROCLAMATIONS. 

BY  THE   PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

To  the  People  of  the  Confederate  States. 

The  termination  of  the  Provisional  Government  offers  a  fitting 
occasion  again  to  present  ourselves  in  humiliation,  prayer,  and 
thanksgiving  before  that  God  who  has  safely  conducted  us  through 
our  first  year  of  national  existence.  We  have  been  enabled  to 


218  Messages  and  Papers  of  the  Confederacy. 

lay  anew  the  foundations  of  free  government  and  to  repel  the  ef 
forts  of  our  enemies  to  destroy  us.  Law  has  everywhere  reigned 
supreme,  and  throughout  our  widespread  limits  personal  liberty 
and  private  right  have  been  duly  honored.  A  tone  of  earnest 
piety  has  pervaded  our  people,  and  the  victories  which  we  have 
obtained  over  our  enemies  have  been  justly  ascribed  to  Him  who 
ruleth  the  universe. 

We  had  hoped  that  the  year  would  close  upon  a  scene  of  con 
tinued  prosperity,  but  it  has  pleased  the  Supreme  Disposer  of 
events  to  order  it  otherwise.  We  are  not  permitted  to  furnish  an 
exception  to  the  rule  of  Divine  government,  which  has  prescribed 
affliction  as  the  discipline  of  nations  as  well  as  of  individuals.  Our 
faith  and  perseverance  must  be  tested,  and  the  chastening  which 
seemeth  grievous  will,  if  rightly  received,  bring  forth  its  appro 
priate  fruit. 

It  is  meet  and  right,  therefore,  that  we  should  repair  to  the 
only  Giver  of  all  victory,  and,  humbling  ourselves  before  him, 
should  pray  that  he  may  strengthen  our  confidence  in  his  mighty 
power  and  righteous  judgment.  Then  may  we  surely  trust  in  him 
that  he  will  perform  his  promise  and  encompass  us  as  with  a  shield. 

In  this  trust,  and  to  this  end,  I,  Jefferson  Davis,  President  of 
the  Confederate  States,  do  hereby  set  apart  Friday,  the  28th  day 
of  February,  instant,  as  a  day  of  fasting,  humiliation,  and  prayer ; 
and  I  do  hereby  invite  the  reverend  clergy  and  people  of  the  Con 
federate  States  to  repair  to  their  respective  places  of  public  wor 
ship  to  humble  themselves  before  Almighty  God,  and  pray  for  his 
protection  and  favor  to  our  beloved  country,  and  that  we  may  be 
saved  from  our  enemies,  and  from  the  hand  of  all  that  hate  us. 
Given  under  my  hand  and  seal  of  the  Confederate 
[L.  s.]  States  at  Richmond,  this  2oth  day  of  February,  A.D. 
1862.  JEFFERSON  DAVIS. 

By  the  President : 

WILLIAM  M.  BROWNE,  Secretary  of  State,  ad  in. 


Congress.  219 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas  the  Congress  of  the  Confederate  States  has  by  law 
vested  in  the  President  the  power  to  suspend  the  writ  of  habeas 
corpus  in  cities  in  danger  of  attack  by  the  enemy  : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confederate 
States  of  America,  do  hereby  proclaim  that  martial  law  is  ex 
tended  over  the  cities  of  Norfolk  and  Portsmouth  and  the  sur 
rounding  country  to  the  distance  of  10  miles  from  said  cities,  and 
all  civil  jurisdiction  and  the  privilege  of  the  writ  of  Jmbcas  corpus 
are  hereby  declared  to  be  suspended  within  the  limits  aforesaid. 

This  proclamation  will  remain  in  force  until  otherwise  ordered. 

In  faith  whereof  I  have  hereunto  set  my  hand  and  seal,  at  the 
city  of  Richmond,  on  this  twenty-seventh  day  of  February,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  sixty-two. 

JEFFERSON  DAVIS. 

WAR  DEPARTMENT,   RICHMOND,  VA.,  March  5,   1862. 

Maj.  Gen.  B.  Huger,  Norfolk,  V:i. 

Sir:  Martial  law  having  been  declared  in  Norfolk  under  the  President's 
proclamation,  he  desires  me  to  call  your  attention  to  the  various  measures 
which  he  hopes  will  at  once  be  vigorously  executed : 

First.  Some  leading  and  reliable  citizen  to  be  appointed  provost  marshal 
in  Norfolk  and  another  in  Portsmouth.  In  the  former  city  he  suggests 
the  mayor,  said  to  be  a  zealous  friend  of  our  cause. 

Second.  All  arms  to  be  required  to  be  given  up  by  the  citizens;  private 
arms  to  be  paid  for. 

Third.  The  whole  male  population  to  be  enrolled  for  military  service; 
all  stores  and  shops  to  be  closed  at  12  or  I  o'clock  and  the  whole  of  the 
citizens  forced  to  drill  and  undergo  instructions. 

Fourth.  The  citizens  so  enrolled  to  be  armed  with  the  arms  given  up 
and  with  those  of  infantry  now  in  service  at  batteries. 

Fifth.  Send  away  as  rapidly  as  can  be  done,  without  exciting  panic,  all 
women  and  children  and  reduce  your  population  to  such  as  can  aid  in 
defense. 

Sixth.  Give  notice  that  all  merchandise,  cotton,  tobacco,  etc.,  not  wanted 
for  military  use  be  sent  away  within  the  given  time,  or  it  will  be  destroyed. 

Seventh.  Imprison  all  persons  against  whom  there  is  well-grounded 
suspicion  of  disloyalty. 

Eighth.    Purchase   all    supplies   in   the   district  that   can  be   made   use: 
for  your  army,  allowing  none  to  be  carried  away  that  you  might  want  in 
the  event  that  the  city  is  beleaguered. 


22O  Messages  and  Papers  of  the  Confederacy. 

In  executing  these  orders  you  will  of  course  use  your  own  discretion 
so  to  act  as  to  avoid  creating  panic  as  far  as  possible. 
Your  obedient  servant, 

J.  P.  BENJAMIN,  Secretary  of  War. 


General  Orders  No.  8. 

ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  March  i,  1862. 

I.  The  following  proclamation  of  the  President  is  published 
for  the  information  of  all  concerned : 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  by  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus  in  cities 
threatened  with  invasion : 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the  city 
of  Richmond  and  the  adjoining  and  surrounding  country  to  the 
distance  of  ten  miles ;  and  I  do  proclaim  the  suspension  of  all  civil 
jurisdiction,  with  the  exception  of  that  of  the  Mayor  of  the  city, 
and  the  suspension  of  the  privilege  of  the  writ  of  habeas  corpus 
within  the  said  city  and  surrounding  country  to  the  distance  afore 
said. 

In  faith   whereof,  I  have  hereunto  signed  my  name 
,         -,    and  set  my  seal  at  the  city  of  Richmond,  on  this  first  day 
of  March,  in  the  year  one  thousand  eight  hundred  and 
sixty-two.  JEFFERSON  DAVIS. 

II.  Brigadier  General  J.  H.  Winder,  commanding  Department  of  Hen- 
rico,  is  charged  with  the  due  execution  of  the  foregoing  proclamation. 
He  will   forthwith   establish  an   efficient   military   police,   and   will   enforce 
the  following  orders: 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquors  of  any 
kind  is  also  prohibited,  and  the  establishments  for  the  sale  thereof  will 
be  closed. 

III.  All  persons  infringing  the  above  prohibition  will   suffer  such  pun 
ishment  as  shall  be  ordered  by  the  sentence  of  a  court-martial,  provided 


first  Congress.  221 

that  no  sentence  to  hard  labor  for  more  than  one  month  shall  be  inflicted 
by  the  sentence  of  a  regimental  court-martial,  as  directed  in  the  6;th 
Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 


General  Orders  No.  i. 

HEADQUARTERS   DEPARTMENT  OF   HENRICO, 
RICHMOND,  VA.,   March  2d,   1862. 

I.  By  virtue  of  the  authority  conferred  by  General  Orders  No.  8,  Ad 
jutant  and  Inspector  General's  Office,  March  i,  1862,  Captain  A.  C.  Godwin 
is  appointed  Provost  Marshal  of  the  city  of  Richmond  and  the  adjoining 
and  surrounding  country  for  the  distance  of  ten  miles. 

II.  All    distillation    and    distribution    of    spirituous   liquors    is   prohibited 
by  the  proclamation  of  the  President.     The  Provost  Marshal  will  take  im 
mediate   and  effective   steps  to  enforce  this   order,  and   all   persons   found 
transgressing,  either  by  the  distillation,  sale,  giving  away,  or  in  any  man 
ner  disposing  of  spirituous  liquors,  will  be  prosecuted  to  the  fullest  extent 
of  the  law. 

III.  All  persons  of  every  degree,  except  those  in  the  service  of  the  State 
or  Confederate    States,   having   arms    in   their  possession,    will   deliver   the 
same  to  the  Ordnance  Department  on  or  before  the  5th  of  March,   1862. 
otherwise   they    will    be    seized    and   taken    possession    of   by   the    Provost 
Marshal.     All  public  arms  not  in  the  public  service  will  be  receipted  for, 
and  all  private  arms  will  be  paid  for. 

By  order  of  Brigadier  General  John  H.  Winder,  Commanding,  etc. 

L.  R.  PAGE,  Assistant  Adjutant  General. 


General  Orders  Xo.  IT. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  March  8,  1862. 

I.  The  following  proclamation  is  published  for  the  informa 
tion  of  all  concerned : 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  hy  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus  in  cities 
•threatened  with  invasion : 


222  Messages  and  Papers  of  the  Confederacy. 

I,  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the  city 
of  Petersburg  and  the  adjoining  and  surrounding  country  to  the 
distance  of  ten  miles ;  and  I  do  proclaim  the  suspension  of  all  civil 
jurisdiction  (with  the  exception  of  that  of  the  Mayor  of  the  city, 
and  that  enabling  the  courts  to  take  cognizance  of  the  probate  of 
wills,  the  administration  of  the  estates  of  deceased  persons,  the 
qualifications  of  guardians,  to  enter  decrees  and  orders  for  the  par 
titioning  and  sale  of  property,  to  make  orders  concerning  roads 
and  bridges,  to  assess  county  levies,  and  to  order  the  payment  of 
county  dues),  and  the  suspension  of  the  privilege  of  the  writ  of 
habeas  corpus  within  the  said  city  and  surrounding  country  to  the 
distance  aforesaid. 

In  faith  whereof,  I  have  hereunto  signed  my  name  and 
[L.  s.]     set  my  seal  on  the  8th  day  of  March,  in  the  year  one  thou 
sand  eight  hundred  and  sixty-two.        JEFFERSON  DAVIS. 


II.  William  Pannill  is  appointed  Provost  Marshal,  and  is  charged  with 
the    due  .  execution    of    the    foregoing    proclamation.     He    will    forthwith 
establish  an  efficient  military  police,  and  will  enforce  the  following  orders : 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquor  of  any 
kind  is  also  prohibited,  and  the  establishments  for  the  sale  thereof  will 
be  closed. 

III.  All  persons  infringing  the  above  prohibition  will  suffer  such  pun 
ishment  as  shall  be  ordered  by  the  sentence  of  a  court-martial,  provided 
that  no  sentence  to  hard  labor  for  more  than  one  month  shall  be  inflicted 
by  the  sentence  of  a  regimental  court-martial,  as  directed  in  the  67th  Arti 
cle  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 


General  Orders  No.  15. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  March  14,  1862. 

I.  The  following  proclamation  is  published  for  the  information 
of  all  concerned : 


First  Congress.  223 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  by  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus: 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the  coun 
ties  of  Elizabeth  City,  York,  Warwick,  Gloucester,  and  Mathews 
(in  Virginia),  and  I  do  proclaim  the  suspension  of  all  civil  juris 
diction   (with  the  exception  of  that  enabling  the  courts  to  take 
cognizance  of  the  probate  of  wills,  the  administration  of  the  es 
tates  of  deceased  persons,  the  qualification  of  guardians,  to  enter 
decrees  and  orders  for  the  partition  and  sale  of  property,  to  make 
orders  concerning  roads  and  bridges,  to  assess  county  levies,  and 
to  order  the  payment  of  county  dues) ,  and  the  suspension  of  the 
privilege  of  the  writ  of  habeas  corpus  in  the  counties  aforesaid. 

In  faith  whereof  I  have  hereunto  signed  my  name  and  set  my 
seal  this  I4th  day  of  March,  in  the  year  1862. 

JEFFERSON  DAVIS. 

II.  Major  General  Magruder,  commanding  the  Army  of  the  Peninsula, 
is  charged  with  the  due  execution  of  the  foregoing  proclamation.     He  will 
forthwith   establish   an   efficient    military   police   and   will    enforce   the    fol 
lowing  orders: 

III.  All    distillation    of    spirituous    liquors    is    positively    prohibited,   and 
the  distilleries  will  forthwith  be  closed.     The  sale  of  spirituous  liquors  of 
any  kind  is  also  prohibited,   and  establishments   for  the   sale  thereof  will 
be    closed. 

IV.  All  persons  infringing  the  above  prohibition  will  suffer  such  pun 
ishment  as  shall  be  ordered  by  the   sentence  of  a  court-martial,  provided 
that  no    sentence   to   hard    labor    for    more   than   one   month    shall   be   in 
flicted  by  the  sentence  of  a   regimental   court-martial,   as   directed  by  the 
6;th  Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 


General  Orders  No.  18. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  March  29,  1862. 

I.  The  following  proclamation  is  published  for  the  information 
of  all  concerned : 


224  Messages  and  Papers  of  the  Confederacy. 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  by  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  liabeas  corpus: 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the 
counties  of  Greenbrier,  Pocahontas,  Bath,  Alleghany,  Monroe, 
Mercer,  Raleigh,  Fayette,  Nicholas,  and  Randolph  (in  Virginia), 
and  I  do  proclaim  the  suspension  of  all  civil  jurisdiction  (with  the 
exception  of  that  enabling  the  courts  to  take  cognizance  of  the  pro 
bate  of  wills,  the  administration  of  the  estates  of  deceased  persons, 
the  qualifications  of  guardians,  to  enter  decrees  and  orders  for  the 
partition  and  sale  of  property,  to  make  orders  concerning  roads 
and  bridges,  to  assess  county  levies,  and  to  order  the  payment  of 
county  dues),  and  the  suspension  of  the  privilege  of  the  writ  of 
habeas  corpus  in  the  counties  aforesaid. 

In  faith  whereof  I  have  hereunto  signed  my  name  and 
[L.  s.]    set  my  seal  this  2pth  day  of  March,  in  the  year  one  thou 
sand  eight  hundred  and  sixty-two. 

JEFFERSON  DAVIS. 

II.  Brigadier  General  Henry  Heth  is  charged  with  the  due  execution 
of  the   foregoing   proclamation.     He    will    forthwith    establish    an    efficient 
military  police,  and  will  enforce  the  following  orders: 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquors  of  any 
kind  is  also  prohibited,  and  establishments  for  the  sale  thereof  will  be 
closed. 

III.  All  persons  infringing  the  above  prohibition  will  suffer  such  pun 
ishment  as  shall  be  ordered  by  the  sentence  of  a  court-martial,  provided 
that  no  sentence   to   hard  labor  for  more  than   one   month   shall  be   in 
flicted  by  the  sentence  of  a  regimental  court-martial,  as  directed  by  the 
67th  Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 

General  Orders  No.  21. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  April  8,  1862. 

I.  The  following  proclamation  is  published  for  the  information 
of  all  concerned : 


First  Congress.  225 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  by  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus: 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the  De 
partment  of  East  Tennessee,  under  command  of  Maj.  Gen.  E.  K. 
Smith;  and  I  do  proclaim  the  suspension  of  all  civil  jurisdiction 
(with  the  exception  of  that  enabling-  the  courts  to  take  cognizance 
of  the  probate  of  wills,  the  administration  of  the  estates  of  de 
ceased  persons,  the  qualification  of  guardians,  to  enter  decrees 
and  orders  for  the  partition  and  sale  of  property,  to  make  orders 
concerning  roads  and  bridges,  to  assess  county  levies,  and  to  order 
the  payment  of  county  dues),  and  the  suspension  of  the  writ  of 
habeas  corpus  in  the  department  aforesaid. 

In  faith  whereof,  I  have  hereunto  signed  my  name  and 
[L.  s.]  set  my  seal  this  eighth  day  of  April,  in  the  year  one  thou 
sand  eight  hundred  and  sixty-two.        JEFFERSON  DAVIS. 

II.  Maj.  Gen.  E.  K.   Smith,  commanding  the  Department  of  East  Ten 
nessee,  is  charged  with  the  due  execution  of  the  foregoing  proclamation. 
He  will   forthwith   establish  an   efficient  military   police,   and   will    enforce 
the  following   orders  : 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquors  of  any 
kind  is  also  prohibited,  and  establishments  for  the  sale  thereof  will  be 
closed. 

III.  All  persons  infringing  the  above  prohibition   will   suffer  such  pun 
ishment  as   shall  be  ordered  by  the  sentence  of  a  court-martial,  provided 
that  no   sentence   to   hard   labor    for  more   than   one   month    shall    be    in 
flicted  by  the   sentence  of  a  regimental   court-martial,  as  directed  by  the 
6;th  Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 


General  Orders  No.  jj. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  VA.,  May  i,  1862. 

I.  The  following  proclamation  is  published  for  the  information 
of  all  concerned : 
15 


226  Messages  and  Papers  of  the  Confederacy. 

A   PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  to  declare  the  suspension 
of  the  privilege  of  the  writ  of  habeas  corpus: 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  that  part 
of  the  State  of  South  Carolina  from  the  Santee  River  to  the 
South  Edisto  River  in  that  State,  under  the  command  of  Major 

/General  Pemberton;  and  I  do  proclaim  the  suspension  of  all  civil 
jurisdiction  (with  the  exception  of  that  enabling  the  courts  to 
take  cognizance  of  the  probate  of  wills,  the  administration  of  the 
estates  of  deceased  persons,  the  qualification  of  guardians,  to  en 
ter  decrees  and  orders  for  the  partition  and  sale  of  property,  to 
make  orders  concerning  roads  and  bridges,  to  assess  county  lev 
ies,  and  to  order  the  payment  of  county  dues),  and  the  suspen 
sion  of  the  writ  of  habeas  corpus  in  the  country  aforesaid. 

In  faith  whereof  I  have  hereunto  signed  my  name  and  set  my 
seal  this  first  day  of  May,  in  the  year  one  thousand  eight  hun 
dred  and  sixty-two.  JEFFERSON  DAVIS. 

II.  Maj.  Gen.  J.  C.  Pemberton,  commanding  the  Department  of  South 
Carolina  and  Georgia,  is  charged  with  the  due  execution  of  the  foregoing 
proclamation.     He    will    forthwith    establish    an    efficient    military    police, 
and  will  enforce  the  following  orders : 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquors  of  any 
kind  is  also  prohibited,  and  establishments  for  the  sale  thereof  will  be 
closed. 

III.  All  persons  infringing  the  above  prohibition  will  suffer  such  pun 
ishment  as  shall  be  ordered  by  the  .sentence  of  a  court-martial,  provided 
that   no   sentence   to   hard   labor   for  more  than   one  month   shall   be    in 
flicted  by  the  sentence  of  a   regimental   court-martial,   as   directed  by  the 
67th  Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.  COOPER,  Adjutant  and  Inspector  General. 

General  Orders  No.  19. 

WAR  DEPARTMENT, 
ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE, 

RICHMOND,  VA.,  May  3,  1862. 

I.  The  following  proclamation  is  published  for  the  information 
of  all  concerned : 


First  Congress.  227 

A  PROCLAMATION. 

By  virtue  of  the  power  vested  in  me  by  law  to  declare  the  sus 
pension  of  the  privilege  of  the  writ  of  habeas  corpus: 

I.  Jefferson  Davis,  President  of  the  Confederate  States  of  Amer 
ica,  do  proclaim  that  martial  law  is  hereby  extended  over  the 
counties  of  Lee,  Wise,  Buchanan,  McDowell,  and  Wyoming  (in 
Virginia),  under  the  command  of  Brig.  Gen.  Humphrey  Mar 
shall  ;  and  I  do  proclaim  the  suspension  of  all  civil  jurisdiction 
(with  the  exception  of  that  enabling  the  courts  to  take  cognizance 
of  the  probate  of  wills,  the  administration  of  estates  of  deceased 
persons,  the  qualification  of  guardians,  to  enter  decrees  and  orders 
for  the  partition  and  sale  of  property,  to  make  orders  concerning 
roads  and  bridges,  to  assess  county  levies,  and  to  order  the  pay^ 
ment  of  county  dues),  and  the  suspension  of  the  writ  of  habeas 
carpus  in  the  counties  aforesaid. 

In  faith  whereof  I  have  hereunto  signed  my  name  and 
[L.  S.]    set  my  seal  this  third  day  of  May,  in  the  year  one  thou 
sand  eight  hundred  and  sixty-two.        JEFFERSON  DAVIS. 

II.  Brig.  Gen.  Humphrey  Marshall  is  charged  with  the  due  execution 
of  the    foregoing   proclamation.     lie    will    forthwith    establish    an    efficient 
police,  and  will  enforce  the  following  orders : 

All  distillation  of  spirituous  liquors  is  positively  prohibited,  and  the 
distilleries  will  forthwith  be  closed.  The  sale  of  spirituous  liquors  of  any 
kind  is  also  prohibited,  and  establishments  for  the  sale  thereof  will  be 
closed. 

III.  All  persons  infringing  the  above  prohibition  will   suffer  such  pun 
ishment  as  shall  be  ordered  by  the  sentence  of  a  court-martial,  provided 
that  no    sentence   to   hard   labor    for    more    than   one    month    shall    be    in 
flicted  by  the  sentence   of  a   regimental  court-martial,   as   directed  by  the 
6/th  Article  of  War. 

By  command  of  the  Secretary  of  War. 

S.   COOPER,  Adjutant  and  Inspector  General. 


BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

To  the  People  of  the  Confederate  States  of  America. 

An  enemy,  waging  war  in  a  manner  violative  of  the  usage  of 
civilized  nations,  has  invaded  our  country.  With  presumptuous 
reliance  on  superior  numbers,  he  has  declared  his  purpose  to  re- 


228  Messages  and  Papers  of  the  Confederacy. 

duce  us  to  submission.  We  struggle  to  preserve  our  birthright  of 
constitutional  freedom.  Our  trust  is  in  the  justice  of  our  cause 
and  the  protection  of  our  God. 

Recent  disaster  has  spread  gloom  over  the  land,  and  sorrow  sits 
at  the  hearthstones  of  our  countrymen ;  but  a  people  conscious  of 
rectitude  and  faithfully  relying  on  their  Father  in  Heaven  may  be 
cast  down,  but  cannot  be  dismayed.  They  may  mourn  the  loss 
of  the  martyrs  whose  lives  have  been  sacrificed  in  their  defense, 
but  they  receive  this  dispensation  of  Divine  Providence  with  hum 
ble  submission  and  reverend  faith.  And  now  that  our  hosts  are 
again  going  forth  to  battle,  and  loving  hearts  at  home  are  rilled 
with  anxious  solicitude  for  their  safety,  it  is  meet  that  the  whole 
people  should  turn  imploringly  to  their  Almighty  Father  and  be 
seech  his  all-powerful  protection. 

To  this  end,  therefore,  I,  Jefferson  Davis,  President  of  the  Con 
federate  States  of  America,  do  issue  my  proclamation,  inviting  all 
the  people  to  unite  at  their  several  places  of  worship,  on  Friday, 
the  sixteenth  day  of  the  present  month  of  May,  in  humble  suppli 
cation  to  Almighty  God  that  he  will  vouchsafe  his  blessings  on 
our  beloved  country ;  that  he  will  strengthen  and  protect  our 
armies ;  that  he  will  watch  over  and  protect  our  people  from  the 
machinations  of  their  enemies ;  and  that  he  will,  in  his  own  good 
time,  restore  to  us  the  blessing  of  peace  and  security  under  his 
sheltering  care. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States, 
at  Richmond,  on  the  third  day  of  May,  A.D.  1862. 

JEFFERSON  DAVIS. 


ADDRESSES. 
ADDRESS. 

EXECUTIVE  OFFICE,  June  2,  1862. 
To  the  Army  of  Richmond. 

I  render  to  you  my  grateful  acknowledgments  for  the  gallantry 
and  good  conduct  you  displayed  in  the  battles  of  the  3ist  of  May 
and  ist  instant,  and  with  pride  and  pleasure  recognize  the  steadi 
ness  and  intrepidity  with  which  you  attacked  the  enemy  in  posi- 


First  Congress.  229 

tion,  captured  his  advanced  intrenchments,  several  batteries  of 
artillery,  and  many  standards,  and  everywhere  drove  him  from  the 
open  field.  At  a  part  of  your  operations  it  was  my  fortune  to  be 
present.  On  no  other  occasion  have  I  witnessed  more  of  calmness 
and  good  order  than  you  exhibited  while  advancing  into  the  very 
jaws  of  death,  and  nothing-  could  exceed  the  prowess  with  which 
you  closed  upon  the  enemy  when  a  sheet  of  fire  was  blazing  in 
your  faces.  In  the  renewed  struggle  in  which  you  are  on  the  eve 
of  engaging  I  ask,  and  can  desire,  but  a  continuance  of  the  same 
conduct  which  now  attracts  the  admiration  and  pride  of  the  loved 
ones  you  have  left  at  home.  You  are  fighting  for  all  that  is  dear 
est  to  men ;  and,  though  opposed  to  a  foe  who  disregards  many  of 
the  usages  of  civilized  war,  your  humanity  to  the  wounded  and  the 
prisoners  was  the  fit  and  crowning  glory  to  your  valor.  Defenders 
of  a  just  cause,  may  God  have  you  in  his  holy  keeping! 

JEFFERSON  DAVIS. 

The  general  will  cause  the  above  to  be  read  to  the  troops  under 
his  command. 


ADDRESS. 

RICHMOND,  July  5,  1862. 

To  the  Army  of  Eastern  Virginia. 

Soldiers:  I  congratulate  you  on  the  series  of  brilliant  victories 
which,  under  the  favor  of  Divirte  Providence,  you  have  lately  won, 
and,  as  the  President  of  the  Confederate  States,  do  heartily  ten 
der  to  you  the  thanks  of  the  country  whose  just  cause  you  have  so 
skillfully  and  heroically  served.  Ten  days  ago  an  invading  army, 
vastly  superior  to  you  in  numbers  and  in  the  material  of  war, 
closely  beleaguered  your  capital,  and  vauntingly  proclaimed  its 
speedy  conquest.  You  marched  to  attack  the  enemy  in  his  in 
trenchments  with  well-directed  movements  and  death-defying 
valor.  You  charged  upon  him  in  his  strong  positions,  drove  him 
from  field  to  field  over  a  distance  of  more  than  35  miles,  and,  de 
spite  his  reinforcements,  compelled  him  to  seek  safety  under  cov 
er  of  his  gunboats,  where  he  now  lies  cowering  before  the  army 
so  lately  derided  and  threatened  with  entire  subjugation.  The 
fortitude  with  which  vou  have  borne  toil  and  privation,  the  gal- 


230  Messages  and  Papers  of  the  Confederacy. 

lantry  with  which  you  have  entered  into  each  successive  battle, 
must  have  been  witnessed  to  be  fully  appreciated,  but  a  grateful 
people  will  not  fail  to  recognize  your  deeds  and  to  bear  you  in 
loved  remembrance.  Well  may  it  be  said  of  you  that  you  have 
''done  enough  for  glory,"  but  duty  to  a  suffering  country  and  to 
the  cause  of  constitutional  liberty  claims  from  you  yet  further  ef 
fort.  Let  it  be  your  pride  to  relax  in  nothing  which  can  promote 
your  future  efficiency,  your  one  great  object  being  to  drive  the  in 
vader  from  your  soil  and  carry  your  standards  beyond  the  outer 
boundaries  of  the  Confederacy,  to  wring  from  an  unscrupulous 
foe  the  recognition  of  your  birthright,  community  independence. 

JEFFERSON  DAVIS. 


RESOLUTIONS  OF  THANKS. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  are  due,  and  are  hereby  cordially 
tendered,  to  Captain  Buchanan  and  all  under  his  command  for 
their  unsurpassed  gallantry,  as  displayed  in  the  recent  successful 
attack  upon  the  naval  forces  of  the  enemy  in  Hampton  Roads. 

Approved  March  12,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  are  due,  and  are  hereby  ten 
dered,  to  Major  General  Thomas  J.  Jackson  and  the  officers  and 
men  under  his  command  for  gallant  and  meritorious  services  in 
a  successful  engagement  with  a  greatly  superior  force  of  the  en 
emy  near  Kernstown,  Frederick  County,  Virginia,  on  the  twenty- 
third  day  of  March,  eighteen  hundred  and  sixty-two. 

Resolved,  That  these  resolutions  be  communicated  by  the  Sec 
retary  of  War  to  Major  General  Jackson,  and  by  him  to  his 
command. 

Approved  April  9,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  the  Congress  of  the  Confederate  States 
are  eminently  due,  and  are  hereby  tendered,  to  the  patriotic  women 
of  the  Confederacy  for  the  energy,  zeal,  and  untiring  devotion 


First  Congress.  231 

which   they  have  manifested   in   furnishing  voluntary   contribu 
tions  to  our  soldiers  in  the  field,  and  in  the  various  military  hos 
pitals  throughout  the  country. 
Approved  April  n,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  Congress  has  learned  with  gratitude  to  the  Divine  Rul 
er  of  nations  the  intelligence  of  the  recent  complete  and  brilliant 
victory  which  has  been  gained  by  the  Army  of  the  Confederate 
States  under  the  command  of  Gen.  A.  S.  Johnston  over  the  Fed 
eral  forces  in  Tennessee,  on  the  battlefield  of  Shiloh. 

Resolved,  That  the  thanks  of  Congress  are  hereby  tendered  to 
Gen.  G.  T.  Beauregard  and  the  other  surviving  officers  and  pri 
vates  of  that  Army  for  the  signal  exhibition  of  skill  and  gallantry 
displayed  by  them  on  that  memorable  occasion ;  and  all  who  con 
tributed  to  that  signal  triumph,  in  the  judgment  of  Congress, 
are  entitled  to  the  gratitude  of  their  country. 

Resolved,  That  the  intelligence  of  the  death  of  General  Albert 
Sidney  Johnston,  Commander  in  Chief,  when  leading  the  Con 
federate  forces  to  victory  on  the  sixth  of  April,  in  Tennessee, 
while  it  affects  Congress  with  profound  sorrow,  at  the  same  time 
obscures  our  joy  with  a  shade  of  sadness  at  the  loss  of  an  officer 
so  able,  skillful,  and  gallant. 

Resolved,  That  the  foregoing  resolutions  be  made  known,  by 
appropriate  general  orders  by  the  Generals  in  command,  to  the 
officers  and  troops  to  whom  they  are  addressed,  and  that  they 
also  be  communicated  to  the  family  of  General  Johnston. 

Approved  April  15,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  are  hereby  tendered  to  Brig. 
Gen.  H.  H.  Sibley,  and  to  the  officers  and  men  under  his  com 
mand,  for  the  complete  and  brilliant  victories  achieved  over  our 
enemies  in  New  Mexico. 

Approved  April  16,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  are  due,  and  are  hereby  ten 
dered,  to  the  officers  and  crews  of  the  Patrick  Henry,  Jamestown, 


232  Messages  and  Papers  of  the  Confederacy. 


and  other  vessels  engaged,  for  their  gallant  conduct  and 
bearing  in  the  naval  combat  and  brilliant  victory  on  the  waters  of 
James  River,  on  the  8th  and  9th  of  March,  1862. 
Approved  April  16,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  thanks  of  Congress  be,  and  they  are  hereby,  given  to 
Major  Generals  Van  Dorn  and  Price,  and  the  officers  and  soldiers 
under  their  command,  for  their  valor,  skill,  and  good  conduct  in 
the  battle  of  Elkhorn,  in  the  State  of  Arkansas. 

Resolved,  further,  That  the  Congress  has  heard  with  profound 
grief  of  the  deaths  of  Generals  McCulloch  and  Mclntosh,  who 
fell  in  the  midst  of  the  battle,  gloriously  leading  their  commands 
against  the  enemy. 

Approved  April  21,  1862. 


SECOND  SESSION. 

MET   AT   RICHMOND,   VA.,    AUGUST    l8,    1862.       ADJOURNED  OCTOBER 

I3,    1862. 

MESSAGES. 

RICHMOND,  August  18,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

It  is  again  our  fortune  to  meet  for  devising  measures  necessary 
to  the  public  welfare  whilst  our  country  is  involved  in  a  desola 
ting  war.  The  sufferings  endured  by  some  portions  of  the  people 
excite  the  deep  solicitude  of  the  Government,  and  the  sympathy 
thus  evoked  has  been  heightened  by  the  patriotic  devotion  with 
which  these  sufferings  have  been  borne.  The  gallantry  and  good 
conduct  of  our  troops,  always  claiming  the  gratitude  of  the  coun 
try,  have  been  further  illustrated  on  hard-fought  fields,  marked 
by  exhibitions  of  individual  prowess  which  can  find  but  few  paral 
lels  in  ancient  or  modern  history.  Our  Army  has  not  faltered  in 
any  of  the  various  trials  to  which  it  has  been  subjected,  and  the 
great  body  of  the  people  has  continued  to  manifest  a  zeal  and  una 
nimity  which  not  only  cheer  the  battle-stained  soldier,  but  give 


First  Congress.  233 

assurance  to  the  friends  of  constitutional  liberty  of  our  final  tri 
umph  in  the  pending  struggle  against  despotic  usurpation. 

The  vast  army  which  threatened  the  capital  of  the  Confederacy 
has  been  defeated  and  driven  from  the  lines  of  investment,  and  the 
enemy,  repeatedly  foiled  in  his  efforts  for  its  capture,  is  now 
seeking  to  raise  new  armies  on  a  scale  such  as  modern  history 
does  not  record,  to  effect  that  subjugation  of  the  South  so  often 
proclaimed  as  on  the  eve  of  accomplishment. 

The  perfidy  which  disregarded  rights  secured  by  compact,  the 
madness  which  trampled  on  obligations  made  sacred  by  every  con 
sideration  of  honor,  have  been  intensified  by  the  malignity  engen 
dered  by  defeat.  These  passions  have  changed  the  character  of 
the  hostilities  waged  by  our  enemies,  who  are  becoming  daily  less 
regardful  of  the  usages  of  civilized  war  and  the  dictates  of  human 
ity.  Rapine  and  wranton  destruction  of  private  property,  war  upon 
noncombatants,  murder  of  captives,  bloody  threats  to  avenge  the 
death  of  an  invading  soldiery  by  the  slaughter  of  unarmed  cit 
izens,  orders  of  banishment  against  peaceful  farmers  engaged 
in  the  cultivation  of  the  soil,  are  some  of  the  means  used  by  our 
ruthless  invaders  to  enforce  the  submission  of  a  free  people  to 
foreign  sway.  Confiscation  bills  of  a  character  so  atrocious  as 
to  insure,  if  executed,  the  utter  ruin  of  the  entire  population  of 
these  States,  are  passed  by  their  Congress  and  approved  by  their 
Executive.  The  moneyed  obligations  of  the  Confederate  Gov 
ernment  are  forged  by  citizens  of  the  United  States,  and  pub 
licly  advertised  for  sale  in  their  cities  with  a  notoriety  that  suf 
ficiently  attests  the  knowledge  of  their  Government,  and  its  com 
plicity  in  the  crime  is  further  evinced  by  the  fact  that  the  soldiers 
of  the  invading  armies  are  found  supplied  with  large  quantities 
of  these  forged  notes  as  a  means  of  despoiling  the  country  peo 
ple,  by  fraud,  out  of  such  portions  of  their  property  as  armed  vi 
olence  may  fail  to  reach.  Two  at  least  of  the  generals  of  the 
United  States  are  engaged,  unchecked  by  their  Government,  in 
exciting  servile  insurrection,  and  in  arming  and  training  slaves 
for  warfare  against  their  masters,  citizens  of  the  Confederacy. 
Another  has  been  found  of  instincts  so  brutal  as  to  invite  the  vi 
olence  of  his  soldiery  against  the  women  of  a  captured  city.  Yet 
the  rebuke  of  civilized  man  has  failed  to  evoke  from  the  authori 
ties  of  the  United  States  one  mark  of  disapprobation  of  his  acts, 


234  Messages  and  Pampers  of  the  Confederacy. 

nor  is  there  any  reason  to  suppose  that  the  conduct  of  Benjamin 
F.  Butler  has  failed  to  secure  from  his  Government  the  sanction 
and  applause  with  which  it  is  known  to  have  been  greeted  by 
public  meetings  and  portions  of  the  press  of  the  United  States. 
To  inquiries  made  of  the  Commander  in  Chief  of  the  armies  of 
the  United  States  whether  the  atrocious  conduct  of  some  of  their 
military  commanders  met  the  sanction  of  that  Government,  an 
swer  has  been  evaded  on  the  pretext  that  the  inquiry  was  insulting, 
and  no  method  remains  for  the  repression  of  these  enormities  but 
such  retributive  justice  as  it  may  be  found  possible  to  execute. 
Retaliation  in  kind  for  many  of  them  is  impracticable,  for  I  have 
had  occasion  to  remark  in  a  former  message  that  under  no  ex 
cess  of  provocation  could  our  noble-hearted  defenders  be  driven 
to  wreak  vengeance  on  unarmed  men,  on  women,  or  on  children. 
But  stern  and  exemplary  punishment  can  and  must  be  meted  out 
to  the  murderers  and  felons  who,  disgracing  the  profession  of 
arms,  seek  to  make  of  public  war  the  occasion  for  the  commission 
of  the  most  monstrous  crimes.  Deeply  as  we  may  regret  the 
character  of  the  contest  into  which  we  are  about  to  be  forced,  we 
must  accept  it  as  an  alternative  which  recent  manifestations  give 
us  little  reason  to  hope  can  be  avoided.  The  exasperation  of 
failure  has  aroused  the  worst  passions  of  our  enemies.  A  large 
portion  of  their  people,  even  of  their  clergymen,  now  engage  in 
urging  an  excited  populace  to  the  extreme  of  ferocity,  and  noth 
ing  remains  but  to  vindicate  our  rights  and  to  maintain  our  ex 
istence  by  employing  against  our  foe  every  energy  and  every 
resource  at  our  disposal. 

I  append  for  your  information  a  copy  of  the  papers  exhibiting 
the  action  of  the  Government  up  to  the  present  time  for  the 
repression  of  the  outrages  committed  on  our  people.  Other  meas 
ures  now  in  progress  will  be  submitted  hereafter. 

In  inviting  your  attention  to  the  legislation  which  the  necessi 
ties"  of  our  condition  require,  those  connected  with  the  prosecu 
tion  of  the  war  command  almost  undivided  attention.  The  acts 
passed  at  your  last  session  intended  to  secure  the  public  defense 
by  general  enrollment,  and  to  render  uniform  the  rules  govern 
ing  troops  in  the  service,  have  led  to  some  unexpected  criticism 
that  is  much  to  be  regretted.  The  efficiency  of  the  law  has  been 
thus  somewhat  impaired,  though  it  is  not  believed  that  in  any  of 


First  Congress.  235 

the  States  the  popular  mind  has  withheld  its  sanction  from  either 
the  necessity  or  propriety  of  your  legislation.  It  is  only  by  har 
monious  as  well  as  zealous  action  that  a  government  as  new  as 
ours,  ushered  into  existence  on  the  very  eve  of  a  great  war,  and 
unprovided  with  the  material  for  conducting  hostilities  on  so 
vast  a  scale,  can  fulfill  its  duties.  Upon  you  who  are  fully  in 
formed  of  the  acts  and  purposes  of  the  Government,  and  thor 
oughly  imbued  with  the  feelings  and  sentiments  of  the  people, 
must  reliance  be  placed  to  secure  this  great  object.  You  can  best 
devise  the  means  for  establishing  that  entire  cooperation  of  the 
State  and  Confederate  governments  which  is  essential  to  the 
well-being  of  both  at  all  times,  but  which  is  now  indispensable 
to  their  very  existence.  And  if  any  legislation  shall  seem  to  you 
appropriate  for  adjusting  differences  of  opinion,  it  will  be  my 
pleasure  as  well  as  duty  to  cooperate  in  any  measure  that  may 
be  devised  for  reconciling  a  just  care  for  the  public  defense  with 
a  proper  deference  for  the  most  scrupulous  susceptibilities  of  the 
State  authorities. 

The  report  of  the  Secretary  of  the  Treasury  will  exhibit  in  de 
tail  the  operations  of  that  Department.  It  will  be  seen  with  sat 
isfaction  that  the  credit  of  the  Government  securities  remains  un 
impaired,  and  that  this  credit  is  fully  justified  by  the  comparative 
ly  small  amount  of  accumulated  debt,  notwithstanding  the  mag 
nitude  of  our  military  operations.  The  legislation  of  the  last 
session  provided  for  the  purchase  of  supplies  with  the  bonds  of 
the  Government,  but  the  preference  of  the  people  for  Treasury 
notes  has  been  so  marked  that  legislation  is  recommended  to  au 
thorize  an  increase  in  the  issue  of  Treasury  notes,  which  the  pub 
lic  service  seems  to  require.  No  grave  inconvenience  need  be  ap 
prehended  from  this  increased  issue,  as  the  provision  of  law  by 
which  these  notes  are  convertible  into  8  per  cent  bonds  forms 
an  efficient  and  permanent  safeguard  against  any  serious  depre 
ciation  of  the  currency.  Your  attention  is  invited  also  to  the 
means  proposed  by  the  Secretary  for  facilitating  the  preparation 
of  these  notes  and  for  guarding  them  against  forgery.  It  is  due 
to  our  people  to  state  that  no  manufacture  of  counterfeit  notes 
exists  within  our  limits,  and  that  they  are  all  imported  from  the 
Northern  States. 

The  report  of  the  Secretary  of  War,  which  is  submitted,  con- 


236  Messages  and  Papers  of  the  Confederacy. 

tains  numerous  suggestions  for  the  legislation  deemed  desirable 
in  order  to  add  to  the  efficiency  of  the  service.  1  invite  your  fa 
vorable  consideration  especially  to  those  recommendations  which 
are  intended  to  secure  the  proper  execution  of  the  conscript  law, 
and  the  consolidation  of  companies,  battalions,  and  regiments 
when  so  reduced  in  strength  as  to  impair  that  uniformity  of  or 
ganization  which  is  necessary  in  the  Army,  while  an  undue  bur 
den  is  imposed  on  the  Treasury.  The  necessity  for  some  legisla 
tion  for  controlling  military  transportation  on  the  railroads  and 
improving  their  present  defective  condition  forces  itself  upon  the 
attention  of  the  Government,  and  I  trust  you  will  be  able  to  de 
vise  satisfactory  measures  for  attaining  this  purpose.  The  legis 
lation  on  the  subject  of  general  officers  involves  the  service  in 
some  difficulties,  which  are  pointed  out  by  the  Secretary,  and  for 
which  the  remedy  suggested  by  him  seems  appropriate. 

In  connection  with  this  subject,  I  am  of  opinion  that  prudence 
dictates  some  provision  for  the  increase  of  the  Army  in  the  event 
of  emergencies  not  now  anticipated.  The  very  large  increase  of 
forces  recently  called  into  the  field  by  the  President  of  the  United 
States  may  render  it  necessary  hereafter  to  extend  the  provi 
sions  of  the  conscript  law  so  as  to  embrace  persons  between  the 
ages  of  thirty-five  and  forty-five  years.  The  vigor  and  efficiency 
of  our  present  forces,  their  condition,  and  the  skill  and  ability  which 
distinguish  their  leaders  inspire  the  belief  that  no  further  enroll 
ment  will  be  necessary,  but  a  wise  foresight  requires  that  if  a 
necessity  should  be  suddenly  developed  during  the  recess  of 
Congress  requiring  increased  forces  for  our  defense,  means- 
should  exist  for  calling  such  forces  into  the  field  without  await 
ing  the  reassembling  of  the  legislative  department  of  the  Gov 
ernment. 

In  the  election  and  appointment  of  officers  for  the  Provisional 
Army  it  was  to  be  anticipated  that  mistakes  would  be  made  and 
.incompetent  officers  of  all  grades  introduced  into  the  service.  In 
the  absence  of  experience,  and  with  no  reliable  guide  for  selec 
tion,  executive  appointments  as  well  as  elections  have  been  some 
times  unfortunate.  The  good  of  the  service,  the  interests  of  our 
country,  require  that  some  means  be  devised  for  withdrawing 
the  commissions  of  officers  who  are  incompetent  for  the  duties 
required  by  their  position,  and  I  trust  you  will  find  means  for  re- 


First  Congress.  237 

lieving  the  Army  of  such  officers  by  some  mode  more  prompt  and 
less  wounding  to  their  sensibility  than  the  judgment  of  a  court- 
martial. 

Within  a  recent  period  we  have  effected  the  object  so  long  de 
sired  of  an  arrangement  for  the  exchange  of  prisoners,  which  is 
now  being  executed  by  delivery  at  the  points  agreed  upon,  and 
which  will,  it  is  hoped,  speedily  restore  our  brave  and  unfortunate 
countrymen  to  their  places  in  the  ranks  of  the  Army,  from  which 
by  the  fortune  of  war  they  have  for  a  time  been  separated.  The 
details  of  this  arrangement  will  be  communicated  to  you  in  a  spe 
cial  report  when  further  progress  has  been  made  in  their  execu 
tion. 

Of  other  particulars  concerning  the  operations  of  the  War  De 
partment  you  will  be  informed  by  the  Secretary  in  his  report  and 
the  accompanying  documents. 

The  report  of  the  Secretary  of  the  Navy  embraces  a  statement 
of  the  operations  and  present  condition  of  this  branch  of  the  pub 
lic  service,  both  afloat  and  ashore ;  the  construction  and  equip 
ment  of  armed  vessels  both  at  home  and  abroad ;  the  manufac 
ture  of  ordnance  and  ordnance  stores;  and  the  establishment  of 
workshops  and  the  development  of  our  resources  of  coal  and  iron. 
Some  legislation  seems  essential  for  securing  crews  for  vessels. 
The  difficulties  now  experienced  on  this  point  are  fully  stated  in 
the  Secretary's  report,  and  I  invite  your  attention  to  providing 
a  remedy. 

The  report  of  the  Postmaster  General  discloses  the  embarrass 
ments  which  resulted  in  the  postal  service  from  the  occupation 
by  the  enemy  of  the  Mississippi  River  and  portions  of  the  ter 
ritory  of  the  different  States.  The  measures  taken  by  the  De 
partment  for  relieving  these  embarrassments  as  far  as-  practicable 
are  detailed  in  the  report.  It  is  a  subject  of  congratulation  that 
during  the  ten  months  which  ended  on  the  3ist  March  last  the 
expenses  of  the  Department  were  largely  decreased,  whilst  its 
revenue  was  augmented,  as  compared  with  a  corresponding  period 
ending  on  the  3Oth  June,  1860,  when  the  postal  service  for  these 
States  was  conducted  under  the  authority  delegated  to  the  United 
States.  Sufficient  time  has  not  yet  elapsed  to  determine  whether 
the  measures  heretofore  devised  by  Congress  will  accomplish  the 
end  of  bringing  the  expenditures  of  the  Department  within  the 


238  Messages  and  Papers  of  the  Confederacy. 

limit  of  its  own  revenues  by  the  ist  of  March  next,  as  required  by 
the  Constitution. 

I  am  happy  to  inform  you  that  in  spite  of  both  blandishments, 
and  threats,  used  in  profusion  by  the  agents  of  the  Government 
of  the  United  States,  the  Indian  nations  within  the  Confederacy 
have  remained  firm  in  their  loyalty  and  steadfast  in  the  observ 
ance  of  their  treaty  engagements  with  this  Government.  Nor 
has  their  fidelity  been  shaken  by  the  fact  that,  owing  to  the 
vacancies  in  some  of  the  offices  of  agents  and  superintendents,, 
delay  has  occurred  in  the  payments  of  the  annuities  and  allow 
ances  to  which  they  are  entitled.  I  would  advise  some  provi 
sion  authorizing  payments  to  be  made  by  other  officers,  in  the  ab 
sence  of  those  specially  charged  by  law  with  this  duty. 

We  have  never-ceasing  cause  to  be  grateful  for  the  favor  with 
which  God  has  protected  our  infant  Confederacy.  And  it  be 
comes  us  reverently  to  return  our  thanks  and  humbly  to  ask  of 
his  bounteousness  that  wisdom  which  is  needful  for  the  per 
formance  of  the  high  trusts  with  which  we  are  charged. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  August  19,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  the  report  of  the 
Secretary  of  the  Treasury  and  accompanying  estimates,  to  which 
reference  was  made  in  my  message*  of  yesterday,  and  invite  your 
careful  attention  to  the  statements  and  recommendations  con 
tained  in  them.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Aug.  22,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  the  Navy,  supplementary  to  his  report  ap 
pended  to  my  message  to  Congress  of  the  i8th  inst.,  and  covering 
the  report  of  Lieutenant  John  W.  Dunnington,  C.  S.  Navy,  of  the 
engagement  at  St.  Charles,  on  the  White  River,  in  the  State  of 
Arkansas.  JEFFERSON  DAVIS. 

*See  page  235. 


First  Congress.  239 

RICHMOND,  YA.,  August  22,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Xavy,  covering  estimates  of  the  amount  required  to  meet  a  cer 
tain  contract,  to  which  I  invite  your  careful  consideration. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  Aug.  26,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Treasury,  submitting  an  estimate  of  the  amount  required  for 
a  purpose  specified,  and  covering  a  copy  of  a  letter  from  the 
lion.  Howell  Cobb  in  reference  to  the  matter. 

I  recommend  an  appropriation  of  the  sum,  and  for  the  object 
mentioned.  JEFFERSON  DAVIS. 


RICHMOND,  YA.,  Aug.  27,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  submitting  estimates  "of  the  amount  required  to  de 
fray  expenses  incurred  in  detecting  forgers  of  Treasury  notes  of 
the  Confederate  States,  and  bringing  them  to  justice." 

I  recommend  that  an  appropriation  be  made  of  the  sum  and  for 
the  purpose  specified.  JEFFERSON  DAVIS. 


RICHMOND,  YA.,  Aug.  28,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  submitting  an  estimate  of  the  "amount  required  to  re 
fund  to  the  State  of  North  Carolina  the  excess  over  her  quota  paid 
into  the  Treasury  on  account  of  the  war  tax  of  the  Confederate 
States."  T  recommend  that  an  appropriation  be  made  of  the 
sum  and  for  the  purpose  specified.  JEFFERSON  DAVIS. 


240  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Aug.  29,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Surgeon  Gen 
eral,  containing  the  information  sought  by  your  resolution  of  the 
25th  inst,  in  reference  to  the  Medical  Board  of  Examiners  for 
granting  furloughs,  its  organization  and  duties. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Sept.  i,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Navy,  containing  the  information  sought  by  your  resolution 
of  the  26th  ult.,  asking  for  a  statement  of  the  number  of  com 
missioned  officers  of  every  grade  now  in  the  naval  service  of  the 
Confederate  States;  also  the  number  of  those  appointed  from 
civil  life,  and  those  who  were  heretofore  in  the  naval  service  of 
the  United  States ;  also  the  number  of  such  officers  now  on  leave 
of  absence  or  furlough  ;  and  the  number  now  actually  engaged  in 
the  naval  service  of  the  Confederate  States. 

JEFFERSON  DAVIS. 

To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Navy,  containing  the  information  sought  by  your  resolutions  of 
the  25th  and  26th  ult.,  asking  respectively  for  "copies  of  the  in 
structions  given  to  naval  officers  in  reference  to  the  evacuation 
of  Norfolk  and  New  Orleans,"  and  for  information  upon  certain 
matters  pertaining  to  the  construction  of  the  war  steamers 
"Louisiana"  and  "Mississippi."  JEFFERSON  DAVIS. 

[Received  September  i,  1862.] 

EXECUTIVE  OFFICE, 
RICHMOND,  VA.,  Sept.  2,  1862. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  have  the  gratification  of  presenting  to  Congress  two  dis 
patches  from  General  Robert  E.  Lee,  commanding  the  Army  of 
Northern  Virginia,  communicating  the  result  of  the  operations 
north  of  the  Rappahannock.  From  these  dispatches  it  will  be 


First  Congress.  241 

seen  that  God  has  again  extended  his  shield  over  our  patriotic 
Army,  and  has  blessed  the  cause  of  the  Confederacy  with  a  second 
signal  victory  on  the  field  already  memorable  by  the  gallant 
achievements  of  our  troops. 

Too  much  praise  cannot  be  bestowed  upon  the  skill  and  daring 
of  the  commanding  General  who  conceived,  or  the  valor  and 
hardihood  of  the  troops  who  executed,  the  brilliant  movement, 
whose  result  is  now  communicated.  After  having  driven  from 
their  intrenchments  an  enemy  superior  in  numbers,  and  relieved 
from  siege  the  city  of  Richmond,  as  heretofore  communicated,* 
our  toil-worn  troops  advanced  to  meet  another  invading  army, 
reenforced  not  only  by  the  defeated  army  of  General  McClellan, 
but  by  the  fresh  corps  of  Generals  Burnside  and  Hunter.  After 
forced  marches,  with  inadequate  transportation,  and  across  streams 
swollen  to  unusual  height,  by  repeated  combats  they  turned  the 
position  of  the  enemy,  and,  forming  a  junction  of  their  columns, 
in  the  face  of  greatly  superior  forces,  they  fought  the  decisive 
battlef  of  the  3Oth,  the  crowning  triumph  of  their  toil  and  valor. 

JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Sept.  2,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  have  the  honor  to  request  you  to  return  to  me  the  nominations 
for  appointment  in  the  Army  of  the  Confederate  States,  sub 
mitted  on  the  25th  ult.  JEFFERSON  DAVIS. 

To  the  House  of  Representatives. 

I  herewith  transmit  communications  from  the  Secretary  of 
War,  in  response  to  your  resolutions  of  the  2ist  and  29th  ult., 
asking,  the  one,  for  a  copy  of  the  cartel  for  the  exchange  of  pris 
oners  recently  agreed  upon  with  the  enemy,  and  for  informa 
tion  as  to  the  manner  in  which  the  enemy  has  observed  it. 
The  other,  for  copies  of  the  official  reports  of  all  the  battles  and 
engagements  with  the  enemy  which  have  occurred  since  the  ad 
journment  of  Congress.  JEFFERSON  DAVIS. 

[Received  September  3,  1862.] 

*See  page  233.     tSecond  battle  of  Manassas. 
16 


242  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  DEPARTMENT, 

September  4,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  to  your  honorable  body  an  estimate  of  ap 
propriation*  called  for  by  the  Secretary  of  War. 


EXECUTIVE  OFFICE, 
RICHMOND,  September  4,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

Sir:  T  have  the  honor  to  transmit  a  communication  from  the 
Secretary  of  the  Treasury,  inclosing  two  statements,  marked  A 
and  B,  in  reply  to  a  resolution  of  the  House  of  Representatives, 
requesting  information  concerning  the  amount  of  funds  sent 
abroad  to  officers  or  agents  of  the  Government  for  military  and 
naval  purposes,  with  certain  particulars  regarding  the  same. 

Very  respectfully  your  obt.  servant,  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,  Sept.  4,  1862. 
To  the  President  of  the  Senate. 

I  have  the  honor  to  transmit  the  accompanying  communication 
from  the  Secretary  of  War  in  reply  to  a  resolution  of  the  Senate 
requesting  certain  information  concerning  the  appointment  and 
pay  of  provost  marshals.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,  September  6,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  War 
in  response  to  resolutions  of  your  body  requesting  information 
concerning  the  prosecution  of  the  work  on  the  railroad  for  con 
necting  the  Richmond  and  Danville  with  the  North  Carolina 
railroad,  and  also  concerning  certain  orders  said  to  have  been  is 
sued  by  Major  General  Thomas  C.  Hindman  in  the  trans-Missis 
sippi  Department.  JEFFERSON  DAVIS. 

*For   Indian   affairs. 


First  Congress.  243 

EXECUTIVE  OFFICE, 
RICHMOND,  September  6,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  letter  from  the  Secretary  of  War,  in  re 
sponse  to  a  resolution  of  the  House  of  Representatives,  requesting 
information  relative  to  arrests,  by  military  authority,  of  citizens 
of  the  Confederate  States.  JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE, 
RICHMOND,  September  6,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  letter  from  the  Secretary  of  War,  in 
closing  a  communication  from  the  Quartermaster  General  in 
response  to  a  resolution  of  the  House  of  Representatives  re 
questing  information  relative  to  the  payment  of  troops.  The  or 
ganization  of  the  Army  of  the  Confederate  States  gives  a  pay 
master  to  each  regiment,  by  devolving  the  payment  of  troops  on 
the  regimental  quartermasters,  a  system  by  which  we  avoid  at  the 
same  time  all  danger  from  delay  in  payment  by  the  absence  of  the 
proper  officer,  as  well  as  the  hazard  of  transporting  large  sums  of 
money  from  camp  to  camp,  as  would  be  the  case  if  a  corps  of 
officers  were  employed  for  the  sole  purpose  of  paying  the  troops; 
The  failures  to  pay  regularly,  as  required  by  Regulations,  should 
disappear  with  the  prompt  and  regular  supply  of  funds  to  the 
quartermasters  of  the  different  regiments.  The  ability  of  the 
Government  to  do  this  it  is  hoped  will  increase  with  the  further 
development  of  the  means  of  the  Treasury  Department. 

JEFFERSON  DAVIS. 


To  the  House  of  Representatives. 

I  herewith  transmit  to  your  honorable  body  an  estimate  of  ap 
propriation  called  for  by  the  Secretary  of  War. 

IEFFERSON  DAVIS. 

[Received  September  6,  1862. 


244  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  OFFICE, 
RICHMOND,  Sept.  9,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  herewith  transmit  to  your  honorable  body  letters  from  the 
Secretary  of  War  and  Secretary  of  the  Navy  in  response  to  the 
resolution  requesting  information  as  to  whether  the  requisitions 
of  the  Heads  of  Bureaus  on  the  Treasury  have  been  promptly 
met,  and  if  not,  the  reasons  for  the  delay.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  September  n,  1862. 
To  the  Senate  and  House  of  Representatives. 

The  circumstances  necessarily  surrounding  an  army  operating 
in  the  presence  of  an  enemy  render  it  inexpedient — next  to  impos 
sible — to  assemble  frequent  courts-martial,  and  to  detail  for  them 
the  best  officers  of  the  Army.  The  ordinary  attendant  of  the  cir 
cumstances  referred  to  is  frequent  offenses  against  military  dis 
cipline  and  trespass  upon  the  property  of  individuals  inhabiting 
the  country. 

To  correct  these  evils,  it  is  believed  to  be  desirable  that  Congress 
should  give  authority  to  institute  a  commission  to  attend  each 
.army  in  the  field,  to  be  composed  of  men  whose  character  and 
knowledge  of  the  modes  of  administering  justice  would  give  the 
best  assurance  for  the  punishment  of  crime,  the  protection  of 
private  rights,  and  the  security  of  the  citizens  of  the  country  oc 
cupied  by  the  enemy.  Could  courts-martial  be  assembled  as  fre 
quently  as  occasion  required,  their  functions  under  existing  laws 
being  limited  to  the  consideration  of  offenses  defined  by  the  Rules 
and  Articles  of  War,  it  will  be  perceived  that  a  great  variety  of 
outrages  against  private  rights  might  be  committed  of  which  a 
court-martial  could  not  directly  take  cognizance.  Under  ordinary 
circumstances  offenders  in  such  cases  would  be  turned  over  to  the 
civil  courts  for  trial.  In  a  foreign  country,  or  where  the  courts 
cannot  hold  their  sessions,  this  is  impossible,  and  in  the  case  of  a 
marching  army  would,  for  obvious  reasons,  be  ineffectual.  The 
witnesses  whose  testimony  is  indispensable  to  conviction  would 
generally  follow  the  march  of  the  army  and  be  out  of  the  reach 
of  the  courts. 

The  powers  delegated  by  the  Constitution  "to  make  rules  for 


First  Congress.  245 

the  government  and  regulation  of  the  land  and  naval  forces," 
and  "to  ordain  and  establish  from  time  to  time  inferior  courts," 
would  seem  ample  to  justify  such  legislation  as  is  herein  recom 
mended,  especially  as  the  necessity  for  the  ordinary  forms  of  in 
dictment  and  trial  ''for  capital  and  otherwise  infamous  crimes"  is 
expressly  dispensable  with  by  the  Constitution  "in  cases  arising 
in  the  land  or  naval  forces  or  in  the  militia  when  in  actual  service 
in  time  of  war."  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,  September  u,  1862. 
To  the  House  of  Representatives. 

In  compliance  with  the  resolutions  of  your  honorable  body  of 
the  20th  ult.,  requesting  me  to  transmit  the  official  reports  of  all 
the  battles  and  engagements  which  have  occurred  since  the  ad 
journment  of  Congress,  including  the  reports  of  major  generals 
and  brigadier  generals  engaged,  I  herewith  transmit  the  report  of 
General  Braxton  Bragg,  of  the  battle  of  Shiloh,  accompanied 
by  the  reports  of  Generals  Withers  and  Ruggles,  and  the  report  of 
Colonel  J.  \Y.  Head,  commanding  a  brigade  at  Fort  Donelson  ; 
also  the  report  of  Brigadier  General  H.  Marshall,  of  the  attack 
upon  the  command  of  General  Cox  ;  the  report  of  Major  General 
Huger,  of  the  affair  at  South  Mills ;  the  report  of  General  Led- 
better,  of  operations  on  Tennessee  River,  and  at  Bridgeport ;  the 
report  of  Brigadier  General  T.  M.  Jones,  of  the  evacuation  of 
Pensacola  Xavy  Yard,  forts,  etc. ;  the  report  of  Colonel  N.  B. 
Forrest,  of  the  evacuation  and  removal  of  public  property  from 
Nashville;  and  th  report  of  Major  General  J.  C.  Pemberton,  of 
the  engagements  on  James  Island.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,  Sept.  n,  1862. 
To  the  Senate  of  the  Confederate  States. 

In  reply  to  the  resolution  of  your  honorable  body  of  the  8th  in 
stant,  requesting  information  concerning  the  detention  at  cer-. 
tain  points  of  the  great  Southwestern  Mail,  I  herewith  transmit 
a  communication  from  the  Postmaster  General. 

JEFFERSON  DAVIS. 


246  Messages  and  Papers  of  the  Confederacy. 

EXECUTIVE  OFFICE, 
RICHMOND,  September  12,  1862. 
To  the  Senate  of  the  Confederate  States. 

Under  the  first  clause  of  the  sixth  article  of  the  Constitution, 
I  entertain  doubt  whether  it  is  intended  that  the  officers  either  of 
the  Regular  or  Provisional  Army  or  of  the  Navy,  appointed 
during  the  existence  of  the  Provisional  Government  and  con 
firmed  by  the  Congress,  require  to  be  renominated  and  confirmed 
by  the  Senate,  and  I  respectfully  request  your  advice  on  this  point. 

JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE, 
RICHMOND,  September  15,  1862. 
To  the  Senate  of  the  Confederate  States. 

In  reply  to  the  inquiry  of  the  Senate,  presented  in  the  follow 
ing  resolution  of  the  I3th  instant — 

"Resolved,  That  the  President  be  requested  to  communicate  to 
the  Senate  whether  any  soldiers  in  the  Army  of  the  Confederate 
States  have  been  shot  by  order  of  any  general  officer  without 
trial,  according  to  the  rules  and  regulations  for  the  government 
of  the  land  forces,  and  if  so,  that  he  will  lay  before  the  Senate  all 
the  information  he  has  upon  the  subject,  and  whether  any  steps 
have  been  taken  by  the  Executive  in  the  matter" — 

I  have  to  say  that  I  have  received  no  authentic  information  in 
relation  to  any  such  transaction  as  is  therein  described,  and  upon 
inquiry  have  learned  that  if  any  such  fact  exists  it  has  not  been 
communicated  either  to  the  Adjutant  General  or  to  the  Secretary 
of  War.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  September  15,  1862. 
To  the  Senate  of  the  Confederate  States. 

In  compliance  with  the  request  expressed  in  your  resolution  of 
the  I2th  inst.,  I  herewith  return  your  resolution  of  the  8th  inst, 
asking  information  as  to  the  number  of  troops  furnished  by  each 
State  to  the  Confederate  Army  since  the  commencement  of  the 
war.  JEFFERSON  DAVIS. 


First  Congress.  247 

EXECUTIVE  CHAMBER, 
RICHMOND,  September  i6th,  1862. 
To  the  House  of  Representatives  of  the  Confederate  States. 

I  transmit  herewith  for  the  information  of  the  House,  in  secret 
session,  the  report  prepared  by  the  Secretary  of  State,  in  response 
to  the  resolution  of  the  House,  adopted  on  the  1st  inst. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  September  iQth,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  several  communica 
tions  from  the  Secretary  of  War,  in  answer  to  your  resolution 
of  the  2 ist  August,  asking-  copies  of  the  official  reports  of  all  the 
battles  fought  since  the  adjournment  of  Congress. 

JEFFERSON  DAVIS. 

[To  the  House  of  Representatives.] 

I  herewith  transmit  for  your  information  a  communication 
from  the  Postmaster  General  in  answer  to  your  resolution  of  the 
1 3th  inst.,  asking  "the  reasons  which  have  thus  far  prevented  the 
•carrying  of  the  mails  from  the  States  east  of  the  Mississippi  to 
the  State  of  Louisiana,  west  of  that  river."  JEFFERSON  DAVIS. 

[Received  September  20,  1862.] 

[To  the  House  of  Representatives.] 

I  herewith  transmit  for  your  information  a  communication 
from  the  Commissary  General  in  answer  to  your  resolution  of  the 
6th  inst.,  relative  to  the  supply  of  provisions  furnished  to  the  Army 
of  the  Peninsula,  from  the  4th  of  April  to  the  3d  of  May,  1862. 

JEFFERSON  DAVIS. 

[Received  September  20,  1862.] 

'[To  the  House  of  Representatives.] 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  the  Navy,  in  response  to  your  resolution 
of  the  i6th  inst.,  asking  the  amount  required  to  meet  claims  upon 
the  Government  for  vessels  and  other  property  seized  by  the  naval 


248  Messages  and  Papers  of  the  Confederacy. 

and  military  authorities  for  the  use  of  the  Government.    I  recom 
mend  an  appropriation  of  the  amount  and  for  the  purpose  specified. 

JEFFERSON  DAVIS. 
[Received  September  22,  1862.] 


RICHMOND,  VIRGINIA,  Sept.  22,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  certain  estimates. 

I  recommend  an  appropriation  of  the  amounts,  and  for  the  pur 
poses  specified.  JEFFERSON  DAVIS. 


RICHMOND,  VIRGINIA,  Sept.  23,  1862. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  "to  supply  the 
deficiencies  in  the  Engineer  appropriations  for  engineering  pur 
poses." 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
poses  specified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Sept.  23,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War  in  answer  to  your  resolution  of  the 
1 7th  inst,  asking  what  disposition  is  made  of  negroes  captured 
by  the  enemy.  JEFFERSON  DAVIS. 

RICHMOND,  VIRGINIA,  September  23d,  1862! 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  further  answer  to  your  resolution 
of  the  2 ist  August,  requesting  copies  of  all  the  reports  of  en 
gagements  with  the  enemy  received  since  the  adjournment  of 
Congress.  JEFFERSON  DAVIS. 


First  Congress.  249 

EXECUTIVE  OFFICE, 
RICHMOND,  September  24,  1862. 
To  the  Speaker  of  the  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  a  deficiency 
in  the  appropriation  for  ordnance. 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
pose  specified.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  September  24,  1862. 
To  the  Senate  and  House  of   Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  "of  the  Com 
missary  General  of  the  sum  necessary  to  purchase  the  supply 
of  flour  for  the  Army  for  the  ensuing  season." 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
pose  specified.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Sept.  24,  1862. 
To  the   Senate  and  House  of   Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Navy,  covering  an  estimate  for  "an  ad 
ditional  appropriation  for  the  construction  and  equipment  of 
ironclad,  and  other  vessels  abroad." 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
pose  specified.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Sept.  24,  1862. 
To  the   Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  response  to  your  resolution  of  the 
22d  August,  in  reference  to  regiments  disbanded  and  consolidated. 

JEFFERSON   DAVIS. 

RICHMOND,  YA.,  September  24th,  1862. 
[To  the  House  of   Representatives.] 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  in  reference  to  the  proposed  railroad 


250  Messages  and  Papers  of  the  Confederacy. 

from  Blue  Mountain,  Alabama,  to  Rome,  Ga.,  and  to  which  I  in 
vite  your  special  attention,  because  of  the  importance  of  this  link 
in  our  system  of  railroads  in  the  transportation  needful  for  the 
public  defense.  JEFFERSON  DAVIS. 


RICHMOND,  VAV  September  25th,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  further  answer  to  your  resolution 
of  the  2 ist  August,  asking  copies  of  all  reports  of  all  battles  re 
ceived  since  the  adjournment  of  Congress.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Sept.  25th,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  submitting  "estimates  to  supply  de 
ficiencies  in  the  appropriation  for  the  Medical  Department  of  the 
Army."  , 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Sept.  26,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  replying  to  your  resolution  of  the  i6th  instant,  in  reference 
to  the  enforcement  of  the  conscript  act  in  the  State  of  Georgia, 
and  stating  the  action  of  the  Department  with  regard  to  the  com 
mand  of  the  conscript  camp  in  that  State.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  September  26,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War  in  reference  to  the  defense  of  west 
ern  and  southern  rivers,  to  which  I  invite  your  attention. 

JEFFERSON  DAVIS. 


First  Congress.  251 

[To  the  House  of  Representatives.] 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  in  further  response  to  your  resolution  of  the 
2  ist  August,  asking  for  copies  of  the  official  reports  of  all  en 
gagements  with  the  enemy  received  since  the  adjournment  of 
Congress.  JEFFERSON  DAVIS. 

[Received  September  26,  1862.] 


RICHMOND,  YA.,  September  27,  1862. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  response  to  your  resolution  of  the 
loth  of  April,  requesting  "a  list  of  the  commissioned  officers  in 
the  Regular  and  Provisional  Armies."  This  reply  is  communi 
cated  to  you  as  an  Executive  document,  it  being  deemed  im 
prudent  at  this  time  to  make  it  public,  because  of  the  information 
it  would  give  to  the  enemy  if  it  should  chance  to  reach  them. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  September  27,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  report  from  the 
Secretary  of  Wrar,  upon  the  case  of  Charles  K.  Hyde,  in  response 
to  your  resolution  of  the  2Oth  inst.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Sept.  29,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  State,  in  response  to  your  resolution  of 
the  22d  inst.,  submitting  "estimates  for  the  necessary  expenses 
of  the  Department  of  State  for  the  month  of  January,  1863." 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 


252  Messages  and  Papers  of  the  Confederacy. 

To  the  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  communications 
from  the  Secretary  of  the  Navy,  submitting  estimates  in  response 
to  your  resolutions  of  the  22d  and  23d  inst.  I  recommend  ap 
propriations  of  the  sums  for  the  purposes  specified. 

JEFFERSON  DAVIS. 

[Received  September  29,  1862. 


EXECUTIVE  OFFICE, 
RICHMOND,  VA.,  September  30,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Postmaster 
General,  to  which  I  respectfully  call  your  attention. 

The  seventh  clause  of  the  eighth  sectio'n  of  the  Constitution  di 
rects  that  after  the  first  of  March,  1863,  the  expenses  of  the 
postal  service  shall  be  paid  out  of  its  revenues. 

The  interruption  of  commerce  and  communication,  resulting 
from  the  war  and  the  occupation  of  a  portion  of  our  territory  by 
the  enemy,  have  necessarily  curtailed,  to  a  considerable  extent,  the 
revenues  of  the  Department,  and  rendered  it  impossible,  while  the 
war  continues  and  these  causes  exist,  to  make  its  revenues  cover 
its  expenses  without  such  a  reduction  of  the  service  as  would  seri 
ously  affect  the  interests  of  the  people  of  the  Confederate  States. 

If,  in  your  opinion,  the  clause  of  the  Constitution  above  re 
ferred  to  merely  directs  that  Congress  shall  pass  such  laws  as 
may  be  best  calculated  to  make  the  postal  service  self-sustaining, 
and  does  not  prohibit  the  appropriation  of  money  to  meet  defici 
encies,  the  question  is  one  of  easy  solution.  But  if,  on  the  con 
trary,  you  should  consider  that  the  constitutional  provision  is  a 
positive  and  unqualified  prohibition  against  any  appropriation 
from  the  Treasury  to  aid  the  operations  of  the  Post  Office  Depart 
ment,  it  is  for  you  to  determine  whether  the  difficulty  can  be  over 
come  by  a  further  increase  of  the  rates  of  postage  or  by  other 
constitutional  means. 

Doubtful  as  to  the  true  intent  of  the  Constitution,  I  submit  the 
question  to  the  Congress,  and  ask  for  it  the  deliberation  which  its 
importance  may  claim.  JEFFERSON  DAVIS. 


First  Congress.  253 

RICHMOND,  VA.,  Sept.  30,  1862. 
To  the   Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  submitting  estimates  of  the  Quarter 
master  General. 

I  recommend  that  an  appropriation  be  made  of  the  amount  for 
the  purpose  specified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Sept.  30,  1862. 
To  the   Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  relative  to  the  war  tax  of  the  State  of  Louisiana. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 


To  the  House  of  Representatives  of  the  Confederate  States. 

The  resolution  passed  by  the  House  in  secret  session  on  the 
3Oth  of  last  month  has  been  communicated  to  me  by  the  clerk  of 
the  House,  and  it  is  in  the  following  words : 

''Resolved,  That  the  President  be  requested  to  cause  the  De 
partment  of  State  to  ask  for  and  transmit  to  this  House  estimates 
of  the  expenses  incident  to  the  sending  of  a  diplomatic  agent  (sup 
plied  with  such  instructions  as  he  shall  deem  most  wise  and  prop 
er)  to  the  Court  of  His  Majesty  the  Emperor  of  Brazil  and  such 
other  South  American  States  as  he  shall  suppose  to  be  judicious  to 
open  diplomatic  intercourse  with." 

I  deeply  regret  that,  according  to  my  views  of  constitutional 
duty,  it  is  not  in  my  power  to  comply  with  the  request  of  the 
House.  The  Constitution  expressly  vests  in  the  Executive  De 
partment  the  discretion  of  asking  for  such  supplies  as  are  deemed 
necessary  to  carry  on  the  Government,  and  this  discretion  can 
not,  with  a  due  regard  to  the  provisions  of  that  instrument,  be 
controlled  by  the  request  of  the  Congress,  still  less  by  that  of  one 
branch  of  the  Legislative  Department. 

The  Qth  paragraph  of  section  9,  article  one,  of  the  Constitu 
tion,  declares  that  "Congress  shall  appropriate  no  money  from 
the  Treasury,  except  by  a  vote  of  two-thirds  of  both  Houses,  taken 


254  Messages  and  Papers  of  the  Confederacy. 

by  yeas  and  nays,  unless  it  be  asked  and  estimated  for  by  some  one 
of  the  Heads  of  Departments,  and  submitted  to  Congress  by  the 
President." 

It  seems  too  clear  for  argument  that  this  clause  of  the  Con 
stitution  would  be  completely  without  effect  if  the  Executive 
should  yield  to  the  request  of  either  House  or  of  both  Houses 
combined,  "to  cause  a  Department  to  ask  for  and  transmit"  an 
estimate  for  any  purpose  whatever.  The  design  of  the  framers 
of  the  Constitution  in  inserting  this  new  clause  (not  to  be  found 
in  the  Constitution  under  which  the  Confederate  States  were 
formerly  united)  is  well  known.  It  was  determined  that  on  the 
Executive  Department  of  the  Government  should  rest  the  respon 
sibility  of  unwise  and  extravagant  expenditures,  while  the  Legis 
lative  Department  not  only  retained  the  control  over  the  grant 
of  the  appropriation,  but  was  vested  with  power  to  compel  the 
expenditure  of  money  for  purposes  not  recommended  by  the 
Executive,  provided  a  vote  of  the  two  Houses,  equal  to  that  which 
is  necessary  for  overruling  an  Executive  veto,  could  be  obtained. 

If  I  should  yield  my  consent  to  the  request  of  the  House  now 
under  consideration,  the  plain  effect  would  be  to  concur  in  the  es 
tablishment  of  a  precedent  by  which  the  House  might  require 
the  expenditure  of  a  sum  not  asked  for  by  the  Head  of  a  Depart 
ment  nor  submitted  by  the  President,  by  a  vote  of  a  bare  majority 
instead  of  the  vote  of  two-thirds  by  yeas  and  nays. 

While  thus  unable  to  comply  with  the  request  of  the  House,  so 
far  as  to  cause  the  Department  of  State  to  ask  for  and  transmit 
the  estimate  desired,  a  statement  is  submitted  herewith  for  your 
information  of  the  annual  cost  of  each  diplomatic  mission  sent 
abroad.  It  is  also  proper  to  add  that  the  number  of  commissioners 
already  authorized  by  law,  and  the  amount  of  appropriations  asked 
for  by  the  Department  of  State,  are  sufficient  for  all  the  purposes 
suggested  in  the  resolution  without  any  further  legislation  on 
the  subject.  JEFFERSON  DAVIS. 

October  ist,  1862.    Richmond,  Va. 


RICHMOND,  VA.,  Oct.  i,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  vour  consideration  several  communica- 


first  Congress.  255 

tions  from  the  Secretary  of  War,  submitting  estimates  for  the 
month  of  January,  1863. 

I  recommend  appropriation  of  the  sums  for  the  purposes  spec 
ified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Oct.  i,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  in  reference  to  a  loan  by  the  Branch 
Bank  of  Tennessee  to  Genl.  Hindman. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,  October  2,  1862. 
To  the  Senate  and   House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  submitting  ''the  report  of  the  Ad 
jutant  General  of  the  proceedings  of  courts-martial,  in  cases  of 
drunkenness/'  JEFFERSON  DAVIS. 

RICHMOND,  Oct.  2,  1862. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  \Var,  submitting  a  report  of  the  Commis 
sary  General,  to  which  I  invite  your  attention. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  October  2d,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  \Var,  in  further  answer  to  your  resolution 
of  the  2 1st  August,  requesting  copies  of  reports  of  engagements, 
with  the  enemy  received  since  the  adjournment  of  Congress. 

JEFFERSON  DAVIS. 


256  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Oct.  2,.  1862. 
To  the  Senate  and  House  of  Representatives. 

I   herewith  transmit  a   communication   from   the   Postmaster 
General,  submitting  estimates  to  which  I  invite  your  attention. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Oct.  3,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Attorney  Gen 
eral,  submitting1  certain  estimates. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Oct.  3,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  submitting  the  estimates  of  the  Commissary  General  for  the 
month  of  January,  1863. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  October  3,  1862. 
To  the  Senate. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War  in  response  to  your  resolution  of  the 
26th  ultimo,  in  reference  to  "the  construction  of  a  certain  line 
of  railroad  in  the  States  of  Louisiana  and  Texas." 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Oct.  4,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  in  response  to  your  resolution  of  the  Qth 
tilt.,  in  reference  to  the  enrollment  of  persons  as  conscripts  who 
are  physically  disabled  from  discharging  the  duties  of  soldiers. 

JEFFERSON  DAVIS. 


First  Congress.  257 

RICHMOND,  VA.,  Oct.  4,  1862. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  submitting  estimates  of  the  appropriations  required 
for  the  service  of  the  Treasury  Department,  and  for  miscella 
neous  objects  for  the  month  of  January,  1863. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Oct.  6,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Postmaster  General,  submitting  certain  estimates. 

I  recommend  an  appropriation  of  the  amount  for  the  purposes 
specified.  JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE, 
RICHMOND,  October  8,  1862. 

The  Senate  and  House  of  Representatives  of  the  Confederate  States  of 
America. 

The  near  approach  of  the  day  fixed  for  your  adjournment  in 
duces  me  to  renew  certain  recommendations  made  at  the  com 
mencement  of  the  session,  and  for  which  legislation  has  not  yet 
provided.  The  subject  of  the  efficiency  of  the  Army  is  one  of 
paramount  importance,  and  the  letter  of  the  Secretary  of  War 
herewith  submitted  has  been  elicited  by  correspondence  with  the 
generals  of  our  armies  in  the  field,  whose  practical  experience 
of  the  evils  resulting  from  the  defects  in  our  present  system  en 
titles  their  opinion  to  great  weight. 

An  army  without  discipline  and  instruction  cannot  be  relied  on 
for  purposes  of  defense,  still  less  for  operations  in  an  enemy's 
country.  It  is  in  vain  to  add  men  and  munitions,  unless  we  can  at 
the  same  time  give  to  the  aggregated  mass  the  character  and 
capacity  of  soldiers.  The  discipline  and  instruction  required  for 
its  efficiency  cannot  be  imparted  without  competent  officers.  No 
power  now  exists  by  law  for  securing  such  officers  to  fill  vacancies 
when  elections  and  promotions  fail  to  accomplish  the  object. 
17 


258  Messages  and  Papers  of  the  Confederacy. 

Extreme  cases  ought  not  to  furnish  a  rule,  yet  some  provision 
should  be  made  to  meet  evils,  even  exceptional,  in  a  matter  so 
vitally  affecting  the  safety  of  our  troops.  Tender  consideration 
for  worthless  and  incompetent  officers  is  but  another  name  for 
cruelty  toward  the  brave  men  who  fall  sacrifices  to  these  defects 
of  their  leaders.  It  is  not  difficult  to  devise  a  proper  mode  of 
obviating  this  evil.  The  law  authorizes  the  refusal  to  promote 
officers  who  are  found  incompetent  to  fill  vacancies,  and  the  pro 
motion  of  their  juniors  in  their  stead  ;  but  instances  occur  in  which 
no  officer  remaining  in  a  regiment  is  fit  to  be  promoted  to  the 
grade  of  colonel,  and  no  officer  remaining  in  a  company  is  com 
petent  to  command  it  as  captain.  Legislation  providing  for  the 
selection  in  such  cases  of  competent  officers  from  other  regiments 
of  the  same  State  affords  a  ready  remedy  for  this  evil,  as  well  as 
for  the  case  when  officers  elected  are  found  unfit  for  the  positions 
to  which  they  may  be  chosen.  This  selection  can  be  made  in 
such  manner  as  may  seem  to  Congress  most  advisable ;  but  this 
or  some  other  remedy  is  indispensable  for  filling  numerous  va 
cancies  now  existing. 

While  this  deficiency  of  competent  officers  exists  in  some  cases, 
there  is  a  large  excess  in  others.  Numerous  regiments  and  com 
panies  have  been  so  reduced  by  the  casualties  of  war,  by  sickness, 
and  other  causes  as  to  be  comparatively  useless  under  the  present 
organization.  There  are  companies  in  the  Army  in  which  the 
number  of  officers  exceeds  that  of  privates  present  for  duty,  and 
regiments  in  which  the  number  of  such  privates  does  not  exceed 
that  which  is  required  for  a  single  effective  company.  The  cost 
of  supporting  the  Army,  already  a  very  heavy  burden  on  the 
resources  of  the  country,  is  thus  increased  to  an  extravagant  ex 
tent.  But  this  is  of  secondary  importance  compared  with  the 
inefficiency  which  results  from  this  condition  of  things.  Some 
legislation  which  shall  provide  for  the  consolidation  of  companies 
and  regiments  when  thus  reduced  in  numbers,  and  where  con 
scripts  cannot  be  obtained  from  a  State  in  sufficient  numbers  for 
filling  the  ranks,  is  of  pressing  necessity,  and  a  deep  sense  of  duty 
impels  me  to  repeat  that  no  consideration  for  the  officers  who 
may  be  unfortunately  deprived  of  commands  ought  or  can  safely 
be  permitted  to  obstruct  this  salutary  reform. 

It  may  be  proper  to  remark  that  the  necessity  for  this  consoli- 


First  Congress.  259 

dation,  and  the  consequent  discharging  of  tried  and  meritorious 
officers,  will  obviously  be  increased  by  all  legislative  action  per 
mitting  new  organizations  to  be  formed  of  men  who,  by  the  provi 
sions  of  the  conscript  law,  were  directed  to  be  incorporated  into 
existing  companies  and  regiments.  JEFFERSON  DAVIS. 


To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  a  letter  from  the  Secretary  of  the  Treas 
ury  in  relation  to  the  fiscal  affairs  of  our  Government,  and  invite 
for  its  statements  your  attention. 

The  propriety  of  providing  for  the  payment  of  every  loan  or  use 
of  Government  credit  by  an  adequate  tax  is  too  obvious  to  require 
argument. 

Though  the  day  of  payment  may  be  postponed,  as,  to  some  ex 
tent,  in  the  conduct  of  great  wars,  it  must,  still  there  must  be 
such  assurance  of  future  payment  as  to  maintain  the  credit  of  the 
Government  or  there  will  be  a  consequent  depreciation  of  its  cur 
rency  and  a  proportionate  increase  of  the  burthen  which  the  peo 
ple  must  have  hereafter  to  bear. 

I  trust  it  will  be  possible  for  the  wisdom  of  Congress  in  some 
manner  to  secure  the  result  sought  for  in  the  propositions  sub 
mitted  by  the  Secretary  of  the  Treasury.  JEFFERSON  DAVIS. 

Executive   Office,   Richmond,  October  8th,   1862. 

RICHMOND,  VA.,  October  3,  1862. 
To  the   Senate. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  correcting  mistakes  in  certain  nominations  recently  sent 
in,  to  which  I  invite  your  special  attention.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Oct.  8,  1862. 
To  the  Senate. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  ist  instant,  submitting 
copies  of  all  orders  which  have  been  issued  from  the  War  De 
partment  suspending  the  writ  of  habeas  corpus. 

It  will  be  observed  that  in  some  cases,  in  addition  to  the  sus- 


260  Messages  and  Papers  of  the  Confederacy. 

pension  of  the  writ  of  habeas  corpus,  all  civil  jurisdiction  (with 
the  exceptions  specified)  was  also  suspended. 

But  the  criminal  jurisdiction  of  the  ordinary  courts  has  been  in 
no  instance  interfered  with ;  their  action  in  all  such  cases  being  re 
garded  as  an  assistance,  and  not  an  obstacle,  to  the  military  au 
thorities  in  accomplishing  the  purposes  of  the  proclamations. 

The  authority  to  suspend  the  writ  of  habeas  corpus  having  ex 
pired  by  the  limitation  set  in  the  act  approved  April  19,  1862,  I 
have  only  to  add  that  the  writ  is  now  nowhere  suspended  by 
action  of  the  Executive  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Oct.  10,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  relative  to  offices  created  and  vacancies  occurring  during  the 
session  of  Congress. 

It  is  probable  that  some  of  the  offices  mentioned  will  be  filled  be 
fore  the  Congress  adjourns.  With  regard  to  others,  the  alterna 
tive  presented  is  an  executive  session  of  the  Senate  after  the 
time  now  fixed  for  the  adjournment  of  Congress,  or  the  passage 
of  an  act  such  as  that  suggested  by  the  Secretary  of  War. 

I  invite  your  special  attention  to  the  subject. 

JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE, 
RICHMOND,  October  10,  1862. 
To  the   Senate  and  House  of  Representatives  of  the  Confederate  States 

of  America. 

The  importance,  it  might  properly  be  said  necessity,  of  a  meas 
ure  which  has  heretofore  been  recommended  induces  me  at  this 
time  to  renew  the  request  for  your  attention  to  the  want  of  some 
provision  by  which  brigadier  and  major  generals  may  be  ap 
pointed  when,  by  the  casualties  of  service,  commanders  of  bri 
gades  and  divisions  have  become  temporarily  disabled. 

Under  the  law  as  it  now  stands,  if  a  brigadier  be  wounded  the 
command  of  a  brigade  devolves  upon  the  senior  colonel,  who 
may  or  may  not  be  competent  for  such  command,  but  whose 


First  Congress.  261 

presence  is  required  with  his  regiment,  and  most  of  all  under  the 
circumstances  usually  existing  where  casualties  like  that  referred 
to  occur. 

To  illustrate  this  necessity  I  will  cite  an  instance  of  an  army 
corps  from  which  seven  brigadiers  are  now  absent,  six  of  whom 
have  been  recently  wounded.  There  is  an  obvious  objection  to 
multiplying  the  number  of  general  officers,  but  it  may  be  readily 
removed  by  providing  for  the  subsequent  reduction  whenever 
there  are  supernumeraries  present  for  duty ;  and  I  would  suggest 
thai  the  determination  as  to  who  should  be  discharged  might  be 
made  to  depend  upon  the  inquiry  and  report  of  an  Army  Board, 
to  be  organized  according  to  established  law  and  usage. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  October  u,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  communications 
from  the  Heads  of  the  several  Departments,  submitting  lists  of 
their  clerks  and  employees,  in  response  to  your  resolution  of  the 
5th  April,  asking  for  the  same.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  October  n,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Sec.  of  War,  in 
response  to  your  resolution  of  the  Qth  inst,  in  reference  to  the 
disbanding  of  Wheat's  Battalion  of  Louisiana. 

JEFFERSON  DAVIS. 


RICHMOND,  Oct.  n,  1862. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Heads  of  the  several  Departments,  in  response  to  your 
resolution  of  the  2ist  April,  asking  the  amount  of  funds  which  has 
been  sent  abroad,  to  officers  or  agents  of  the  Government,  for 
military  or  naval  purposes.  JEFFERSON  DAVIS. 


262  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Oct.  13,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  communications 
from  the  Heads  of  the  several  Departments,  submitting  certain 
estimates. 

I  recommend  appropriations  of  the  sums  for  the  purposes  spec 
ified.  JEFFERSON  DAVIS. 

To  the  Senate  of  the  Confederate  States  of  America. 

I  herewith  transmit  a  communication  from  the  Secretary  t>f 
War  in  response  to  a  resolution  of  your  honorable  body  inquiring 
by  what  authority  military  officers  along  the  several  railroad  lines 
are  seizing  produce  and  provisions,  the  property  of  private  in 
dividuals,  and  prohibiting  the  transportation  of  produce  and  pro 
visions  from  one  State  to  another.  JEFFERSON  DAVIS. 

Executive  Office,  Richmond,  Va.,  Oct.   13,   1862. 

RICHMOND,  VA.,  Oct.  13,  1862. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  certain  estimates. 

I  recommend  an  appropriation  for  the  purposes  of  the  amount 
designated.  JEFFERSON  DAVIS. 


VETO  MESSAGES. 

EXECUTIVE   OFFICE, 
RICHMOND,  October  6,  1862. 
To  the  Senate  of  the  Confederate  States  of  America. 

I  return,  without  my  approval,  the  bill  which  originated  in 
your  body,  entitled  "An  Act  to  amend  an  act  for  the  estab 
lishment  and  organization  of  a  general  staff  for  the  Army  of  the 
Confederate  States  of  America,"  approved  February  26th,  1861. 

By  this  act  it  is  provided  that  "hereafter,  the  Quartermaster 
General  shall  have  the  rank,  pay,  and  allowances  of  a  brigadier 
general." 

As  Congress  has  passed  another  act  (since  the  one  now  under 


First  Congress.  263 

consideration  was  submitted  to  me),  whereby  the  increased  rank 
assigned  to  the  Quartermaster  General  is  restricted  to  the  Provi 
sional  Army  only,  I  infer  that  the  act,  now  returned  to  you,  no 
longer  expresses  the  legislative  will,  and  that  it  is,  therefore,  un 
necessary  to  specify  the  objections  which  it  would,  otherwise, 
have  been  my  duty  to  submit  as  the  reasons  which  prevented  my 
approval  of  the  bill.  JEFFERSON  DAVIS. 


To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

I  return  herewith,  without  my  approval,  an  act  which  originated 
in  your  body,  entitled  "An  Act  to  amend  an  act  for  the  estab 
lishment  and  organization  of  the  Provisional  Army  of  the  Con 
federate  States  of  America."  approved  March  6th,  1861. 

The  act  requires  revision,  as  an  error  exists  in  the  title,  there 
being  no  such  act  on  the  statute  book  as  that  recited  in  the  title. 
There  is  also  an  inconsistency  between  the  first  and  second  sec 
tions,  which  is  probably  the  result  of  inadvertence  or  haste.  The 
first  section  seems  to  refer  to  the  Permanent  Army,  and  the  second 
to  the  Provisional  Army. 

I  therefore  return  the  act  for  such  action  as  you  may  deem  prop 
er  to  take  in  relation  to  the  errors  above  mentioned. 

JEFFERSON  DAVIS. 

Executive  Office,  Richmond,  Oct.  6th,   1862. 

October   13,   1862. 
To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

I  regret  to  find  myself  compelled  to  return,  without  my  sig 
nature,  an  act  which  originated  in  your  body  entitled  "An  Act  to 
reorganize  and  promote  the  efficiency  of  the  Medical  Department 
of  the  Provisional  Army."  I  entirely  concur  in  the  desire  to  ac 
complish  the  objects  contemplated  in  the  act,  and  have  delayed  its 
return  in  the  hope  that  some  additional  legislation  might  obviate 
the  difficulties  that  would  embarrass  the  operation  of  the  act  in  its 
present  form. 

The  act  seems  to  be  based  on  the  assumption  that  there  exists 
a  "Medical  Department  of  the  Provisional  Army,"  and  this  fact 
is  not  only  set  forth  in  the  title,  but  some  of  the  provisions  are  so 
worded  as  to  be  inoperative  by  reason  of  this  assumption.  Thus 


264          Hfessages  and  Papers  of  the  Confederacy. 

the  first  section  provides  "that  the  rank,  pay,  and  allowances  of 
a  brigadier  general  in  the  Provisional  Army  of  the  Confederate 
States  be,  and  the  same  are  hereby,  conferred  on  the  Surgeon 
General  of  the  same."  There  exists  no  such  officer  as  the  Sur 
geon  General  of  the  Provisional  Army.  The  plain  intent,  there 
fore,  of  Congress  to  confer  the  rank  of  brigadier  general  in  the 
Provisional  Army  on  the  Surgeon  General  of  the  Permanent 
Army  would  be  defeated  unless  the  language  of  this  section  be 
changed. 

According  to  the  provisions  of  the  law  as  it  now  stands  there 
is  a  Medical  Department  organized  for  the  Permanent  Army  under 
the  act  of  the  26th  of  February,  1861,  entitled  "An  Act  for  the 
establishment  and  organization  of  a  general  staff  for  the  Army 
of  the  Confederate  States  of  America,"  the  chief  of  which  is 
styled  the  Surgeon  General.  The  only  legislation  providing  for 
medical  officers  for  provisional  troops  is  the  ninth  section  of  the  act 
of  the  6th  of  March,  1861,  which  enacts  that  when  volunteers  or 
militia  are  called  into  service  of  the  Confederate  States  in  such 
numbers  that  the  "officers  of  the  Medical  Department,  which  may 
be  authorized  by  law  for  the  regular  service,  are  not  sufficient  for 
.  .  .  furnishing  them  with  the  requisite  medical  attendance, 
it  shall  be  lawful  for  the  President  to  appoint,  with  the  advice 
and  consent  of  the  Congress,  as  many  additional  officers  of  the 
said  Department  as  the  service  may  require,  not  exceeding  .  .  . 
one  surgeon  and  one  assistant  surgeon  for  each  regiment,  ...  to 
continue  in  service  only  so  long  as  their  services  may  be  required 
in  connection  with  the  militia  or  volunteers." 

There  is  an  act  of  I4th  of  August,  1861,  on  the  same  subject, 
but  it  confines  the  appointments  authorized  by  it  to  such  surgeons 
and  assistant  surgeons  as  may  be  necessary  for  the  various  hos 
pitals. 

The  third  and  fourth  sections  of  the  act  now  returned  to  you 
permit  and  require  the  assignment  of  a  number  of  surgeons  and 
assistant  surgeons  to  military  departments,  to  divisions,  to  bri 
gades,  and  to  infantry  and  cavalry  regiments  largely  in  excess  of 
the  number  allowed  by  the  law  just  quoted,  but  no  authority  is 
given  for  the  appointment  of  the  increased  number  of  medical 
officers,  and  it  would  be  impracticable  to  execute  the  law  unless 
by  adopting  the  inadmissible  construction  that  an  authority  to 


First  Congress.  265 

assign  officers  to  duty  implies  an  authority  to  appoint  new  officers. 
Such  construction  would  be  the  less  justifiable  in  the  present 
instance,  because  in  the  second  section,  in  which  new  officers  are 
authorized,  the  language  of  the  act  directs  appointments  to  be 
made,  but  in  the  third  and  fourth  sections  the  language  is  changed 
and  assignments  only  are  permitted. 

There  is  another  omission  in  the  act  which  may  give  rise  to 
pretension  prejudicial  to  the  service.  In  declaring  the  rank  to 
which  the  several  medical  officers  shall  be  entitled  in  the  Provi 
sional  Army,  including  those  of  brigadier  general,  colonels,  and 
lieutenant  colonels,  no  express  exclusion  is  made  of  their  right 
to  command  troops,  as  has  wisely  been  done  in  the  law7  which 
regulates  their  rank  in  the  Regular  or  Permanent  Army.  Tfie  of 
ficers  of  the  medical  corps  have  long  evinced  the  desire  to  have 
some  right  of  command  of  troops  in  certain  contingencies,  and' 
this  command  ought  either  to  be  expressly  forbidden  or  the  cases 
in  which  it  may  be  exercised  ought  to  be  distinctly  defined. 

The  chief  objection  to  the  bill,  however,  remains  to  be  stated. 
The  fifth  section  is  designed  to  effect  a  most  humane  and  desirable 
object,  but  its  provisions  are  inadequate  to  the  end  proposed.  The 
purpose  of  Congress  is  evidently  to  provide  some  additional  means 
for  the  care  of  the  sick  and  wounded  of  armies  in  the  field.  At 
present  after  each  battle  the  wounded  are  necessarily  left  in 
such  temporary  quarters  as  can  be  procured  in  the  vicinity,  but 
on  the  movement  of  the  army  most  of  the  medical  officers  attached 
to  it  are  compelled  to  follow,  and  the  wounded  are  thus  left  with 
medical  aid  and  attendance  entirely  insufficient  for  their  relief. 

The  fifth  section  of  the  act  provides  for  an  infirmary  corps  of 
fifty  men  for  each  brigade,  officered  with  one  first  and  one  second 
lieutenant,  two  sergeants,  and  two  corporals,  but  no  provision 
whatever  is  made  for  any  additional  medical  officers,  nor  does 
the  act  provide  for  any  control  by  medical  officers  over  these  in 
firmary  corps,  nor  assign  to  these  corps  any  fixed  duties.  Unless 
some  provision  be  made  on  these  points,  the  present  deficiency  of 
surgical  aid  will  continue  to  exist,  and  the  infirmary  corps  will 
necessarily  follow  the  army  to  which  they  are  attached  when  it 
moves  after  a  battle,  or,  if  left  behind,  will  be  subject  to  the  or 
ders  only  of  their  owrn  officers,  \vho  are  not  medical  men — or 
conflicts  will  arise  between  these  officers  and  the  medical  officers. 


266       "     Messages  and  Papers  of  the  Confederacy. 

Entertaining  the  conviction,  therefore,  that  this  act  in  its  pres 
ent  form,  while  entailing  heavy  expense,  will  fail  in  the  bene 
ficial  effects  contemplated  by  Congress,  I  deem  it  my  duty  to  re 
turn  it,  without  my  approval,  but  with  the  hope  that  some  ad 
ditional  legislation  may  be  devised  to  accomplish  the  purpose 
contemplated  by  its  passage.  JEFFERSON  DAVIS. 


To  the  House  of  Representatives  of  the  Confederate  States. 

I  return  herewith,  unsigned,  an  act  for  the  building  of  a  vessel 
of  war,  which  originated  in  your  body. 

This  act  authorizes  the  Secretary  of  the  Navy  to  build,  arm, 
and  equip,  with  the  least  possible  delay,  if  practicable,  by  con 
tract  with  the  inventor,  otherwise  directly  by  the  Government, 
one  vessel  of  war,  on  the  plan  of  Robert  Cruizebearr,  for  ocean 
and  river  service,  drawings  of  which,  with  suitable  explanations, 
are  deposited  in  said  Department. 

On  a  fair  construction  of  the  terms  of  this  act,  no  discretion  is 
allowed  the  Secretary  to  decline  building  the  vessel  described,  and 
it  will  be  his  duty,  if  the  act  becomes  a  law,  to  proceed  in  the  con 
struction.  The  plan  proposed  by  the  inventor  has  been  three 
times  examined  by  different  officers  of  the  Navy  Department, 
deemed  fully  competent  to  decide  on  such  subjects,  none  of  whom 
have  recommended  the  construction,  but  have  reported  "that  it  is 
inexpedient  to  build  such  vessels  at  the  present  time,  when  the 
whole  available  force  and  materials  at  the  command  of  the  De 
partment  should  be  applied  to  the  construction  of  vessels  of  ac 
knowledged  efficiency." 

In  a  report  by  a  number  of  eminent  naval  officers,  it  is  further 
stated  "that  nothing  has  been  done  to  prove  the  alleged  claim  to 
the  speed,  invulnerability,  and  efficiency  of  the  vessel,  in  either  or 
all  of  which  we  have  no  confidence." 

As  it  is  not  probable  that  Congress  was  aware  of  the  facts 
above  stated,  I  deem  it  my  duty  to  return  the  bill,  in  order  that 
you  may  take  such  further  action  on  the  subject  as  is  deemed  by 
you  advisable,  and  with  a  full  knowledge  that  the  plan  proposed 
is  not  approved  by  the  Executive  Department,  charged  with  the 
supervision  of  such  subjects.  JEFFERSON  DAVIS. 

[Received  October  13,  1862.] 


First  Congress.  267 

To  the  Senate  of  the  Confederate  States. 

I  return  herewith,  without  approval,  an  act  which  originated 
in  your  body  entitled  "An  Act  for  the  relief  of  the  Bible  Society 
of  the  Confederate  States  of  America." 

My  objections  to  this  act  are  of  a  grave  character,  and  I  re 
gret  that  the  very  short  time  allowed  to  me  for  its  consideration 
deprives  me  of  any  opportunity  of  stating  them  as  fully  as  is 
desirable.  The  act  was  presented  to  me  only  yesterday.  I  con 
fine  myself,  therefore,  to  a  simple  enumeration  of  the  objections 
without  attempting  to  enforce  them  by  argument. 

ist.  If  the  sequestration  fund  is  the  property  of  the  Govern 
ment,  Congress  has  no  power  under  the  Constitution  to  bestow 
it,  or  any  part  of  it,  as  a  gift. 

2nd.  If  the  fund  be  not  the  property  of  the  Government,  but 
is  held  merely  as  a  trust  fund,  Congress  has  not  the  power  to  di 
vert  it  from  the  beneficiaries  and  grant  it  to  others. 

3d.  The  faith  of  the  Government  is  expressly  and  solemnly 
pledged  by  the  2nd  section  of  the  act  of  the  I5th  of  Febru 
ary,  1862,  that  the  fund,  after  being  placed  in  the  Treasury, 
"shall  be  refunded  as  required  for  the  purposes  aforesaid;"  these 
purposes  being  the  "equal  indemnity  of  all  persons  loyal  citizens 
of  the  Confederate  States,  or  persons  aiding  the  same  in  the 
present  war  who  have  suffered  or  may  hereafter  suffer  loss  or 
damage  by  confiscation  by  the  Government  of  the  United 
States,  or  by  any  State  Government  or  pretended  Government 
acknowledging  and  aiding  the  Government  of  the  United 
States  in  this  war,  or  by  such  acts  of  the  enemy  or  other  causes 
incident  to  the  war,  as  by  further  act  of  Congress  may  be  de 
scribed  or  defined  as  affording  under  the  circumstances  proper 
cases  for  indemnity,"  etc. 

4th.  By  the  act  of  the  i/th  of  March,  1862,  Congress  has 
conferred  a  title  to  indemnity  out  of  the  sequestration  fund  of 
all  persons  who  may  voluntarily  destroy  their  property,  or  whose 
property  may  be  destroyed  by  the  military  authorities  to  prevent 
the  same  from  falling  into  the  hands  of  the  enemy ;  and  it  is  not 
in  the  power  of  Congress  to  divert  or  impair  this  vested  right. 

5th.  The  act  provides  for  the  carrying  out,  by  the  Confederate 
Bible  Society,  of  the  purposes  of  any  bequest  that  may  have  been 
made  to  the  American  Bible  Society.  These  purposes  are  nn- 


268  Messages  and  Papers  of  the  Confederacy. 

known,  and  may  be  of  a  character  hostile  to  the  interests  and 
reprobated  by  the  policy  of  our  Government. 

JEFFER'SON  DAVIS. 
October   13,   1862. 


PROCLAMATIONS. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

To  the  People  of  the  Confederate  States. 

Once  more  upon  the  plains  of  Manassas  have  our  armies  been 
blessed  by  the  Lord  of  Hosts  with  a  triumph  over  our  enemies. 
It  is  my  privilege  to  invite  you  once  more  to  his  footstool,  not 
now  in  the  garb  of  fasting  and  sorrow,  but  with  joy  and  gladness, 
to  render  thanks  for  the  great  mercies  received  at  his  hand.  A 
few  months  since,  and  our  enemies  poured  forth  their  invading 
legions  upon  our  soil.  They  laid  waste  our  fields,  polluted  our 
altars,  and  violated  the  sanctity  of  our  homes.  Around  our  cap 
ital  they  gathered  their  forces,  and,  with  boastful  threats, 
claimed  it  as  already  their  prize.  The  brave  troops  which  rallied 
to  its  defense  have  extinguished  these  vain  hopes,  and,  under 
the  guidance  of  the  same  Almighty  hand,  have  scattered  our 
enemies  and  driven  them  back  in  dismay.  Uniting  these  defeated 
forces  and  the  various  armies  which  had  been  ravaging  our 
coasts  with  the  army  of  invasion  in  Northern  Virginia,  our  en 
emies  have  renewed  their  attempt  to  subjugate  us  at  the  very 
place  where  their  first  effort  was  defeated,  and  the  vengeance 
of  retributive  justice  has  overtaken  the  entire  host  in  a  second 
and  complete  overthrow. 

To  this  signal  success  accorded  to  our  arms  in  the  East  has 
been  graciously  added  another  equally  brilliant  in  the  West.  On 
the  very  day  on  which  our  forces  were  led  to  victory  on  the 
plains  of  Manassas,  in  Virginia,  the  same  Almighty  arm  as 
sisted  us  to  overcome  our  enemies  at  Richmond,  in  Kentucky. 
Thus,  at  one  and  the  same  time,  have  the  two  great  hostile 
armies  been  stricken  down  and  the  wicked  designs  of  our  enemies 
set  at  naught. 


First  Congress.  269 

In  such  circumstances  it  is  meet  and  right  that  as  a  people 
we  should  bow  down  in  adoring  thankfulness  to  that  gracious 
God  who  has  been  our  bulwark  and  defense,  and  to  offer  unto 
him  the  tribute  of  thanksgiving  and  praise.  In  his  hand  is  the 
issue  of  all  events,  and  to  him  should  we  in  an  especial  manner 
ascribe  the  honor  of  this  great  deliverance. 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States,  do  issue  this  my  proclamation  setting  apart  Thurs 
day,  the  1 8th  day  of  September  instant,  as  a  day  of  prayer  and 
thanksgiving  to  Almighty  God,  for  the  great  mercies  vouch 
safed  to  our  people,  and  more  especially  for  the  triumph  of  our 
arms  at  Richmond  and  Manassas,  in  Virginia,  and  at  Richmond, 
in  Kentucky;  and  I  do  hereby  invite  the  people  of  the  Confed 
erate  States  to  meet  on  that  day  at  their  respective  places  of  public 
worship,  and  to  unite  in  rendering  thanks  and  praise  to  God  for 
these  great  mercies,  and  to  implore  him  to  conduct  our  country 
safely  through  the  perils  which  surround  us,  to  the  final  attain 
ment  of  the  blessings  of  peace  and  security. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
[SEAL.]    States,    at    Richmond,    this    fourth    day   of    September, 
A.D.  1862.  JEFFERSON  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 

General  Orders  No.  in. 

ADJUTANT   AND   INSPECTOR  GENERAL'S   OFFICE, 

RICHMOND,  December  24,  1862. 

I.  The  following  proclamation  of  the  President  is  published 
for  the  information  and  guidance  of  all  concerned  therein : 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas  a  communication  was  addressed  on  the  6th  day  of 
July  last  (1862)  by  General  Robert  E.  Lee,  acting  under  the  in 
structions  of  the  Secretary  of  War  of  the  Confederate  States  of 
America,  to  Gen.  H.  W.  Halleck,  General  in  Chief  of  the  United 
States  Army,  informing  the  latter  that  a  report  had  reached  this 


270  Messages  and  Papers  of  the  Confederacy. 

Government  that  William  B.  Mumford,  a  citizen  of  the  Confed 
erate  States,  had  been  executed  by  the  United  States  authorities  at 
New  Orleans  for  having  pulled  down  the  United  States  flag  in 
that  city  before  its  occupation  by  the  forces  of  the  United  States, 
and  calling  for  a  statement  of  the  facts  with  a  view  to  retaliation 
if  such  an  outrage  had  really  been  committed  under  sanction  of 
the  authorities  of  the  United  States ; 

And  whereas  (no  answer  having  been  received  to  said  letter), 
another  letter  was,  on  the  2d  of  August  last  (1862),  addressed 
by  Gen.  Lee  under  my  instructions  to  Gen.  Halleck,  renewing  the 
inquiry  in  relation  to  the  said  execution  of  said  Mumford,  with 
the  information  that  in  the  event  of  not  receiving  a  reply  within 
fifteen  days  it  would  be  assumed  that  the  fact  alleged  was  true 
and  was  sanctioned  by  the  Government  of  the  United  States ; 

And  whereas,  an  answer,  dated  on  the  7th  August  last  (1862), 
was  addressed  to  General  Lee  by  General  H.  W.  Halleck,  the 
said  General  in  Chief  of  the  Armies  of  the  United  States,  alleg 
ing  sufficient  cause  for  failure  to  make  early  reply  to  said  letter 
of  6th  of  July,  asserting  that  "no  authentic  information  has  been 
received  in  relation  to  the  execution  of  Mumford,  but  measures 
will  be  immediately  taken  to  ascertain  the  facts  of  the  alleged 
execution,"  and  promising  that  General  Lee  should  be  duly  in 
formed  thereof; 

And  whereas,  on  the  29th  of  November  last  (1862)  another 
letter  was  addressed  under  my  instructions  by  Robert  Ould,  Con 
federate  agent  for  the  exchange  of  prisoners  under  the  cartel 
between  the  two  Governments,  to  Lieut.  Col.  W.  H.  Ludlow, 
agent  of  the  United  States  under  said  cartel,  informing  him  that 
the  explanations  promised  in  the  said  letter  of  General  Halleck 
of  7th  of  August  last  had  not  yet  been  received,  and  that  if  no 
answer  was  sent  to  the  Government  within  fifteen  days  from  the 
delivery  of  this  last  communication  it  would  be  considered  that 
an  answer  is  declined; 

And  whereas,  by  letter  dated  on  the  3d  day  of  the  present 
month  of  December  the  said  Lieutenant  Colonel  Ludlow  ap 
prised  the  said  Robert  Ould  that  the  above-recited  communica 
tion  of  2Qth  of  November  had  been  received  and  forwarded  to- 
the  Secretary  of  War  of  the  United  States ; 


First  Congress.  271 

And  whereas,  this  last  delay  of  fifteen  days  allowed  for  an 
swer  has  elapsed  and  no  answer  has  been  received ; 

And  whereas,  in  addition  to  the  tacit  admission  resulting  from 
the  above  refusal  to  answer  I  have  received  evidence  fully  estab 
lishing  the  truth  of  the  fact  that  the  said  William  B.  Mumford, 
a  citizen  of  this  Confederacy,  was  actually  and  publicly  executed 
in  cold  blood  by  hanging,  after  the  occupation  of  the  city  of  New 
Orleans  by  the  forces  under  the  command  of  General  Benjamin 
F.  Butler,  when  said  Mumford  was  an  unresisting  and  noncom- 
batant  captive,  and  for  no  offense  even  alleged  to  have  been  com 
mitted  by  him  subsequent  to  the  date  of  the  capture  of  the  said 
city; 

And  whereas,  the  silence  of  the  Government  of  the  United 
States  and  its  maintaining  of  said  Butler  in  high  office  under 
its  authority  for  many  months  after  his  commission  of  an  act 
that  can  be  viewed  in  no  other  light  than  as  a  deliberate  murder, 
as  well  as  of  numerous  other  outrages  and  atrocities  hereafter 
to  be  mentioned,  afford  evidence  only  too  conclusive  that  the 
said  Government  sanctions  the  conduct  of  said  Butler  and  is  de 
termined  that  he  shall  remain  unpunished  for  his  crimes : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confederate 
States  of  America,  and  in  their  name,  do  pronounce  and  declare 
the  said  Benjamin  F.  Butler  to  be  a  felon  deserving  of  capital 
punishment.  I  do  order  that  he  be  no  longer  considered  or  treat 
ed  simply  as  a  public  enemy  of  the  Confederate  States  of  Amer 
ica,  but  as  an  outlaw  and  common  enemy  of  mankind,  and  that 
in  the  event  of  his  capture  the  officer  in  command  of  the  captur 
ing  force  do  cause  him  to  be  immediately  executed  by  hanging; 
and  I  do  further  order  that  no  commissioned  officer  of  the 
United  States  taken  captive  shall  be  released  on  parole  before 
exchange  until  the  said  Butler  shall  have  met  with  due  punish 
ment  for  his  crimes. 

And  whereas,  the  hostilities  waged  against  this  Confederacy 
by  the  forces  of  the  United  States  under  the  command  of  said 
Benjamin  F.  Butler  have  borne  no  resemblance  to  such  war 
fare  as  is  alone  permissible  by  the  rules  of  international  law  or 
the  usages  of  civilization,  but  have  been  characterized  by  repeat 
ed  atrocities  and  outrages,  among  the  large  number  of  which  the 
following  may  be  cited  as  examples : 


272  Messages  and  Papers  of  the  Confederacy. 

Peaceful  and  aged  citizens,  unresisting  captives  and  noncom- 
batants,  have  been  confined  at  hard  labor  with  balls  and  chains 
attached  to  their  limbs,  and  are  still  so  held  in  dungeons  and 
fortresses.  Others  have  been  subjected  to  a  like  degrading  pun 
ishment  for  selling  medicines  to  the  sick  soldiers  of  the  Confed 
eracy. 

The  soldiers  of  the  United  States  have  been  invited  and  en 
couraged  by  general  orders  to  insult  and  outrage  the  wives,  the 
mothers,  and  the  sisters  of  our  citizens. 

Helpless  women  have  been  torn  from  their  homes  and  sub 
jected  to  solitary  confinement,  some  in  fortresses  and  prisons 
and  one  especially  on  an  island  of  barren  sand  under  a  tropical 
sun;  have  been  fed  with  loathsome  rations  that  had  been  con 
demned  as  unfit  for  soldiers,  and  have  been  exposed  to  the  vilest 
insults. 

Prisoners  of  war  who  surrendered  to  the  naval  forces  of  the 
United  States  on  agreement  that  they  should  be  released  on  pa 
role  have  been  seized  and  kept  in  close  confinement. 

Repeated  pretexts  have  been  sought  or  invented  for  plundering 
the  inhabitants  of  the  captured  city  by  fines  levied  and  exacted 
under  threat  of  imprisoning  recusants  at  hard  labor  with  ball 
and  chain. 

The  entire  population  of  the  city  of  New  Orleans  have  been 
forced  to  elect  between  starvation,  by  the  confiscation  of  all 
their  property,  and  taking  an  oath  against  conscience  to  bear  al 
legiance  to  the  invaders  of  their  country. 

Egress  from  the  city  has  been  refused  to  those  whose  forti 
tude  withstood  the  test,  even  to  lone  and  aged  women  and  to  help 
less  children;  and,  after  being  ejected  from  their  homes  and 
robbed  of  their  property,  they  have  been  left  to  starve  in  the 
streets  or  subsist  on  charity. 

The  slaves  have  been  driven  from  the  plantations  in  the  neigh 
borhood  of  New  Orleans  till  their  owners  would  consent  to  share 
the  crops  with  the  commanding  general,  his  brother  Andrew  J. 
Butler,  and  other  officers ;  and  when  such  consent  had  been  ex 
torted  the  slaves  have  been  restored  to  the  plantations  and  tnere 
compelled  to  work  under  the  bayonets  of  guards  of  U.  S.  soldiers. 

Where  this  partnership  was  refused  armed  expeditions  Have 
been  sent  to  the  plantations  to  rob  them  of  everything  that  was 


First  Congress.  273 

susceptible  'of  removal,  and  even  slaves  too  aged  or  infirm  for 
work  have  in  spite  of  their  entreaties  been  forced  from  the  homes 
provided  by  the  owners  and  driven  to  wander  helplessly  on  the 
highway. 

By  a  recent  general  order  (Xo.  91)  the  entire  property  in  that 
part  of  Louisiana  lying  west  of  the  Mississippi  River  has  been 
sequestrated  for  confiscation,  and  officers  have  been  assigned  to 
duty  with  orders  to  "gather  up  and  collect  the  personal  prop 
erty  and  turn  over  to  the  proper  officers  upon  their  receipts  such 
of  said  property  as  may  be  required  for  the  use  of  the  U.  S. 
Army ;  to  collect  together  all  the  other  personal  property  and 
bring  the  same  to  Xew  Orleans  and  cause  it  to  be  sold  at  public 
auction  to  the  highest  bidders" — an  order  which  if  executed 
condemns  to  punishment  by  starvation  at  least  a  quarter  of  a  mil 
lion  human  beings  of  all  ages,  sexes,  and  conditions ;  and  of  which 
the  execution,  although  forbidden  to  military  officers  by  the  or 
ders  of  President  Lincoln,  is  in  accordance  with  the  confiscation 
law  of  our  enemies  which  he  has  directed  to  be  enforced  through 
the  agency  of  civil  officials.  And  finally  the  African  slaves  have 
not  only  been  excited  to  insurrection  by  every  license  and  encour 
agement,  but  numbers  of  them  have  actually  been  armed  for  a 
servile  war — a  war  in  its  nature  far  exceeding  in  horrors  the  most 
merciless  atrocities  of  the  savages. 

And  whereas,  the  officers  under  the  command  of  the  said  Butler 
have  been  in  many  instances  active  and  zealous  agents  in  the 
commission  of  these  crimes,  and  no  instance  is  known  of  the  re 
fusal  of  any  one  of  them  to  participate  in  the  outrages  above 
narrated ; 

And  whereas,  the  President  of  the  Linked  States  has  by  pub 
lic  and  official  declaration  signified  not  only  his  approval  of  the 
effort  to  excite  servile  war  within  the  Confederacy,  but  his  inten 
tion  to  give  aid  and  encouragement  thereto  if  these  independent 
States  shall  continue  to  refuse  submission  to  a  foreign  power 
after  the  1st  day  of  January  next,  and  has  thus  made  known 
that  all  appeals  to  the  laws  of  nations,  the  dictates  of  reason,  and 
the  instincts  of  humanity  would  be  addressed  in  vain  to  our 
enemies,  and  that  they  can  be  deterred  from  the  commission  of 
these  crimes  only  by  the  terms  of  just  retribution  : 

Now,  therefore.  I,  Jefferson  Davis,  President  of  the  Confeder- 
18 


274  Messages  and  Papers  of  the  Confederacy. 

ate  States  of  America,  and  acting  by  their  authority,  appealing  to 
the  Divine  Judge  in  attestation  that  their  conduct  is  not  guided 
by  the  passion  of  revenge,  but  that  they  reluctantly  yield  to  the 
solemn  duty  of  repressing  by  necessary  severity  crimes  of  which 
their  citizens  are  the  victims,  do  issue  this  my  proclamation,  and 
by  virtue  of  my  authority  as  Commander  in  Chief  of  the  Armies 
of  the  Confederate  States  do  order — 

1.  That   all   commissioned   officers   in   the   command   of   said 
Benjamin   F.   Butler  be   declared  not  entitled  to  be   considered 
as  soldiers  engaged   in  honorable   warfare,  but   as  robbers  and 
criminals  deserving  death,  and  that  they  and  each  of  them  be, 
whenever  captured,  reserved  for  execution. 

2.  That    the   private    soldiers    and   noncommissioned    officers 
in  the  army  of  said  Butler  be  considered  as  only  the  instruments 
used  for  the  commission  of  the  crimes  perpetrated  by  his  orders 
and  not  as  free  agents ;  that  they  therefore  be  treated,  when  cap 
tured,  as  prisoners  of  war  with  kindness  and  humanity  and  be 
sent  home  on  the  usual  parole  that  they  will  in  no  manner  aid 
or  serve  the  United  States  in  any  capacity  during  the  continuance 
of  this  war  unless  duly  exchanged. 

3.  That  all  negro  slaves  captured  in  arms  be  at  once  delivered 
over  to  the  executive"  authorities  of  the  respective  States  to  which 
they  belong,  to  be  dealt  with  according  to  the  laws  of  said  States. 

4.  That  the  like  orders  be  executed  in  all  cases  with  respect 
to  all  commissioned  officers   of  the  United   States   when   found 
serving  in  company  with  armed  slaves  in  insurrection  against  the 
authorities  of  the  different  States  Q£  this  Confederacy. 

In  testimony  whereof  I  have  signed  these  presents  and 
caused  the  seal  of  the  Confederate  States  of  America  to 
[L.  s.]     be  affixed  thereto  at  the  city  of  Richmond  on  this  23d  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-two.  JEFF'N  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 

II.  Officers  of  the  Army  are  charged  with  the  observance  and 
enforcement  of  the  foregoing  orders  of  the  President.  Where 
the  evidence  is  not  full  or  the  case  is  for  any  reason  of  a  doubtful 
character  it  will  be  referred  through  this  office  for  the  decision  of 
the  War  Department. 

By  order:  S.  COOPER,  Adjutant  and  Inspector  General 


First  Congress.  275 

RESOLUTIONS  OF  THANKS. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  presented, 
to  Captain  Raphael  Semmes,  and  the  officers  and  crew  of  the 
steamer  Sumter,  under  his  command,  for  gallant  and  merito 
rious  services  rendered  by  them  in  seriously  injuring  the  enemy's 
commerce  upon  the  high  seas,  thereby  setting  an  example  reflect 
ing  honor  upon  our  infant  Navy  which  cannot  be  too  highly 
appreciated  by  Congress  and  the  people  of  the  Confederate 
States. 

Approved  September  9,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America^ 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
most  cordially  tendered,  to  Commander  E.  Farrand,  senior  of 
ficer  in  command  of  the  combined  naval  and  military  forces  en 
gaged,  and  Captain  A.  Drewry,  senior  military  officer,  and  the 
officers  and  men  under  their  command,  for  the  great  and  signal 
victory  achieved  over  the  naval  forces  of  the  United  States  in 
the  engagement  on  the  fifteenth  day  of  May,  eighteen  hundred 
and  sixty-two,  at  Drewry's  Bluff;  and  the  gallantry,  courage,  and 
endurance  in  that  protracted  fight,  which  achieved  a  victory  over 
the  fleet  of  iron-clad  gunboats  of  the  enemy,  entitle  all  who  con 
tributed  thereto  to  the  gratitude  o-f  the  country. 

Resolved  further,  That  the  President  be  requested,  in  appro 
priate  general  orders,  to  communicate  the  foregoing  resolution 
to  the  officers  and  men  to  whom  it  is  addressed. 

Approved  Sept.  16,  1862. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  hereby  cordially  tendered  to 
Lieutenant  Isaac  N.  Brown,  and  all  under  his  command,  for 
their  signal  exhibition  of  skill  and  gallantry  on  the  fourteenth 
day  of  July  last,  on  the  Mississippi  River,  near  Vicksburg,  in 
the  brilliant  and  successful  engagement  of  the  sloop  of  war  Ar 
kansas  with  the  enemy's  fleet. 

Approved  Oct.  2,  1862. 


276  Messages  and  Papers  of  the  Confederacy. 

THIRD  SESSION. 

MET   AT    RICHMOND,    VA.,  JANUARY    12,    1863.       ADJOURNED    MAY 

I,    l863. 

MESSAGES. 

RICHMOND,  January  12,  1863. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

At  the  date  of  your  last  adjournment  the  preparations  of  the 
enemy  for  further  hostilities  had  assumed  so  menacing  an  as 
pect  as  to  excite  in  some  minds  apprehension  of  our  ability  to 
meet  them  with  sufficient  promptness  to  avoid  serious  reverses. 
These  preparations  were  completed  shortly  after  your  departure 
from  the  seat  of  government,  and  the  armies  of  the  United  States 
made  simultaneous  advance  on  our  frontiers  on  the  western 
rivers,  and  on  the  Atlantic  Coast,  in  masses  so  great  as  to  evince 
their  hope  of  overbearing  all  resistance  by  mere  weight  of  num 
bers.  This  hope,  however,  like  those  previously  entertained  by 
our  foes,  has  vanished.  In  Virginia  their  fourth  attempt  at 
invasion  by  armies  whose  assured  success  was  confidently  pre 
dicted  has  met  with  decisive  repulse.  Our  noble  defenders, 
under  the  consummate  leadership  of  their  general,  have  again, 
at  Fredericksburg,  inflicted  on  the  forces  under  General  Burn- 
side  the  like  disastrous  overthrow  as  had  been  previously  suf 
fered  by  the  successive  invading  armies  commanded  by  Generals 
McDowell,  McClellan,  and  Pope. 

In  the  West  obstinate  battles  have  been  fought  with  varying 
fortunes,  marked  by  frightful  carnage  on  both  sides ;  but  the 
enemy's  hopes  of  decisive  results  have  again  been  baffled,  while 
at  Vicksburg  another  formidable  expedition  has  been  repulsed 
with  considerable  loss  on  our  side  and  severe  damage  to  the  as 
sailing  forces.  On  the  Atlantic  Coast  the  enemy  has  been  un 
able  to  gain  a  footing  beyond  the  protecting  shelter  of  Eis  fleets, 
and  the  city  of  Galveston  has  just  been  recovered  by  our  forces, 
which  succeeded  not  only  in  the  capture  of  the  garrison,  but  of 
one  of  the  enemy's  vessels  of  war,  which  was  carried  by  board 
ing  parties  from  merchant  river  steamers.  Our  fortified  posi 
tions  have  everywhere  been  much  strengthened  and  improved, 


First  Congress.  277 

affording  assurance  of  our  ability  to  meet  with  success  the  ut 
most  efforts  of  our  enemies,  in  spite  of  the  magnitude  of  their 
preparations  for  attack. 

A  review  of  our  history  during  the  two  years  of  our  national 
existence  affords  ample  cause  for  congratulation  and  demands 
the  most  fervent  expression  of  our  thankfulness  to  the  Almighty 
Father,  who  has  blessed  our  cause.  We  are  justified  in  assert 
ing,  with  a  pride  surely  not  unbecoming,  that  these  Confederate 
States  have  added  another  to  the  lessons  taught  by  history  for 
the  instruction  of  man ;  that  they  have  afforded  another  example 
of  the  impossibility  of  subjugating  a  people  determined  to  be 
free;  and  have  demonstrated  that  no  superiority  of  numbers  or 
available  resources  can  overcome  the  resistance  offered  by  such 
valor  in  combat,  such  constancy  under  suffering,  and  such  cheer 
ful  endurance  of  privation  as  have  been  conspicuously  displayed 
by  this  people  in  the  defense  of  their  rights  and  liberties.  The 
anticipations  with  which  we  entered  into  the  contest  have  now 
ripened  into  a  conviction  which  is  not  only  shared  with  us  by  the 
common  opinion  of  neutral  nations,  but  is  evidently  forcing  itself 
upon  our  enemies  themselves.  If  we  but  mark  the  history  of  the 
present  year,  by  resolute  perseverance  in  the  path  we  have  hither 
to  pursued,  by  vigorous  effort  in  the  development  of  all  our  re 
sources  for  defense,  and  by  the  continued  exhibition  of  the  same 
unfaltering  courage  in  our  soldiers  and  able  conduct  in  their  lead 
ers  as  have  distinguished  the  past,  we  have  every  reason  to  expect 
that  this  will  be  the  closing  year  of  the  war.  The  war,  which  in 
its  inception  was  waged  for  forcing  us  back  into  the  Union, 
having  failed  to  accomplish  that  purpose,  passed  into  a  second 
stage,  in  which  it  was  attempted  to  conquer  and  rule  these  States 
as  dependent  provinces.  Defeated  in  this  second  design,  our 
enemies  have  evidently  entered  upon  another,  which  can  have  no 
other  purpose  than  revenge  and  thirst  for  blood  and  plunder  of 
private  property.  But,  however  implacable  they  may  be,  they  can 
have  neither  the  spirit  nor  the  resources  required  for  a  fourth 
year  of  a  struggle  uncheered  by  any  hope  of  success,  kept  alive 
solely  for  the  indulgence  of  mercenary  and  wicked  passions,  and 
demanding  so  exhaustive  an  expenditure  of  blood  and  money  .as 
has  hitherto  been  imposed  on  their  people.  The  advent  of  peace 
will  be  hailed  with  joy.  Our  desire  for  it  has  never  been  con- 


278  Messages  and  Papers  of  the  Confederacy. 

cealed.  Our  efforts  to  avoid  the  war,  forced  on  us  as  it  was  by 
the  lust  of  conquest  and  the  insane  passions  of  our  foes,  are 
known  to  mankind.  But,  earnest  as  has  been  our  wish  for  peace 
and  great  as  have  been  our  sacrifices  and  sufferings  during  the 
war,  the  determination  of  this  people  has  with  each  succeeding 
month  become  more  unalterably  fixed  to  endure  any  sufferings 
and  continue  any  sacrifices,  however  prolonged,  until  their  right 
to  self-government  and  the  sovereignty  and  independence  of  these 
States  shall  have  been  triumphantly  vindicated  and  firmly  estab 
lished. 

In  this  connection  the  occasion  seems  not  unsuitable  for  some 
reference  to  the  relations  between  the  Confederacy  and  the  neu 
tral  powers  of  Europe  since  the  separation  of  these  States  from 
the  former  Union.  Four  of  the  States  now  members  of  the  Con 
federacy  were  recognized  by  name  as  independent  sovereignties 
in  a  treaty  of  peace  concluded  in  the  year  1783  with  one  of  the  two 
great  maritime  powers  of  Western  Europe,  and  had  been,  prior 
to  that  period,  allies  in  war  of  one  another.  In  the  year  1778  they 
formed  a  Union  with  nine  other  States  under  Articles  of  Con 
federation.  Dissatisfied  with  that  Union,  three  of  them,  Vir 
ginia,  South  Carolina,  and  Georgia,  together  with  eight  of  the 
States  now  members  of  the  United  States,  seceded  from  it  in 
1789,  and  these  eleven  seceding  States  formed  a  second  Union, 
although  by  the  terms  of  the  Articles  of  Confederation  express 
provision  was  made  that  the  first  Union  should  be  perpetual. 
Their  right  to  secede,  notwithstanding  this  provision,  was  neither 
contested  by  the  States  from  which  they  separated  nor  made  the 
subject  of  discussion  with  any  third  power.  When  at  a  later 
period  North  Carolina  acceded  to  that  second  Union,  and  when, 
still  later,  the  other  sovereign*  States,  now  members  of  this  'Con 
federacy,  became  also  members  of  the  same  Union,  it  was  upon 
the  recognized  footing  of  equal  and  independent  sovereignties ; 
nor  had  it  then  entered  into  the  minds  of  men  that  sovereign 
States  could  be  compelled  by  force  to  remain  members  of  a  con 
federation  into  which  they  had  entered  of  their  own  free  will, 
if  at  a  subsequent  period  the  defense  of  their  safety  and  honor 
should,  in  their  judgment,  justify  withdrawal.  The  experience 
of  the  past  had  evinced  the  futility  of  any  renunciation  of  such 
*Originally  written  "seven;"  see  page  299. 


First  Congress.  279 

inherent  rights,  and  accordingly  the  provision  for  perpetuity 
contained  in  the  Articles  of  Confederation  of  1778  was  omitted 
in  the  Constitution  of  1789.  When,  therefore,  in  1861,  eleven 
of  the  States  again  thought  proper,  for  reasons  satisfactory  to 
themselves,  to  secede  from  the  second  Union  and  to  form  a  third 
one  under  an  amended  constitution,  they  exercised  a  right  which, 
being  inherent,  required  no  justification  to  foreign  nations,  and 
which  international  law  did  not  permit  them  to  question.  The 
usages  of  intercourse  between  nations  do,  however,  require  that 
official  communication  be  made  to  friendly  powers  of  all  organic 
changes  in  the  constitution  of  States,  and  there  was  obvious  pro 
priety  in  giving  prompt  assurance  of  our  desire  to  continue  ami 
cable  relations  with  all  mankind.  It  was  under  the  influence  of 
these  considerations  that  your  predecessors,  the  Provisional  Gov 
ernment,  took  early  measures  for  sending  to  Europe  commis 
sioners  charged  with  the  duty  of  visiting  the  capitals  of  the  dif 
ferent  powers  and  making  arrangements  for  the  opening  of  more 
formal  diplomatic  intercourse.  Prior,  however,  to  the  arrival 
abroad  of  those  commissioners  the  United  States  had  com 
menced  hostilities  against  the  Confederacy  by  dispatching  a  se 
cret  expedition  for  the  reenforcement  of  Fort  Sumter,  after  an 
express  promise  to  the  contrary,  and  with  a  duplicity  which  has 
been  fully  unveiled  in  a  former  message.*  They  had  also  ad 
dressed  communications  to  the  different  Cabinets  of  Europe 
in  which  they  assumed  the  attitude  of  being  sovereign  over 
this  Confederacy,  alleging  that  these  independent  States  were  in 
rebellion  against  the  remaining  States  of  the  Union,  and  threat 
ening  Europe  with  manifestations  of  their  displeasure  if  it  should 
treat  the  Confederate  States  as  having  an  independent  existence. 
It  soon  became  known  that  these  pretensions  were  not  consid 
ered  abroad  to  be  as  absurd  as  they  were  known  to  be  at  home, 
nor  had  Europe  yet  learned  what  reliance  was  to  be  placed  on 
the  official  statements  of  the  Cabinet  at  Washington. 

The  delegation  of  power  granted  by  these  States  to  the  Feder 
al  Government  to  represent  them  in  foreign  intercourse  had  led 
Europe  into  the  grave  error  of  supposing  that  their  separate  sov 
ereignty  and  independence  had  been  merged  into  one  common 
sovereignty,  and  had  ceased  to  have  a  distinct  existence.  Under 

*See   page  71- 


280  Messages  and  Papers  of  the  Confederacy. 

the  influence  of  this  error,  which  all  appeals  to  reason  and  histor 
ical  fact  were  vainly  used  to  dispel,  our  commissioners  were  met 
by  the  declaration  that  foreign  governments  could  not  assume 
to  judge  between  the  conflicting  representations  of  the  two  parties 
as  to  the  true  nature  of  their  previous  mutual  relations.  The 
Governments  of  Great  Britain  and  France  accordingly  signified 
their  determination  to  confine  themselves  to  recognizing  the  self- 
evident  fact  of  the  existence  of  a  war,  and  to  maintaining  a  strict 
neutrality  during  its  progress.  Some  of  the  other  powers  of  Eu 
rope  pursued  the  same  course  of  policy,  and  it  became  apparent 
that  by  some  understanding,  express  or  tacit,  Europe  had  decided 
to  leave  the  initiative  in  all  action  touching  the  contest  on  this 
continent  to  the  two  powers  just  named,  who  were  recognized 
to  have  the  largest  interests  involved,  both  by  reason  of  proximity 
and  of  the  extent  and  intimacy  of  their  commercial  relations  with 
the  States  engaged  in  war.  It  is  manifest  that  the  course  of  ac 
tion  adopted  by  Europe,  while  based  on  an  apparent  refusal  to 
determine  the  question,  or  to  side  with  either  party,  was  in  point 
of  fact  an  actual  decision  against  our  rights  and  in  favor  of  the 
groundless  pretensions  of  the  United  States.  It  was  a  refusal 
to  treat  us  as  an  independent  Government.  If  we  were  inde 
pendent  States,  the  refusal  to  entertain  with  us  the  same  inter 
national  intercourse  as  was  maintained  with  our  enemy  was  un 
just,  and  was  injurious  in  its  effects,  whatever  may  have  been 
the  motive  which  prompted  it.  Neither  was  it  in  accordance  with 
the  high  moral  obligations  of  that  international  code  whose  chief 
sanction  is  the  conscience  of  sovereigns  and  the  public  opinion 
of  mankind,  that  those  eminent  powers  should  decline  the  per 
formance  of  a  duty  peculiarly  incumbent  on  them  from  any  ap 
prehension  of  the  consequences  to  themselves.  One  immediate 
and  necessary  result  of  their  declining  the  responsibility  of  a  de 
cision  which  must  have  been  adverse  to  the  extravagant  preten 
sions  of  the  United  States  was  the  prolongation  of  hostilities  to 
which  our  enemies  were  thereby  encouraged,  and  which  have  re 
sulted  in  nothing  but  scenes  of  carnage  and  devastation  on  this 
continent,  and  of  misery  and  suffering  on  the  other,  such  as  Have 
scarcely  a  parallel  in  history.  Had  those  powers  promptly  ad 
mitted  our  right  to  be  treated  as  all  other  independent  nations, 
none  can  doubt  that  the  moral  effect  of  such  action  would  have 


First  Congress.  281 

been  to  dispel  the  delusion  under  which  the  United  States  have 
persisted  in  their  efforts  to  accomplish  our  subjugation.  To  the 
continued  hesitation  of  the  same  powers  in  rendering  this  act 
of  simple  justice  toward  this  Confederacy  is  still  due  the  contin 
uance  of  the  calamities  which  mankind  suffers  from  the  inter 
ruption  of  its  peaceful  pursuits,  both  in  the  Old  and  the  New 
World. 

There  are  other  matters  in  which  less  than  justice  has  been 
rendered  to  this  people  by  neutral  Europe,  and  undue  advantage 
conferred  on  the  aggressors  in  a  wicked  war.  At  the  inception 
of  hostilities  the  inhabitants  of  the  Confederacy  were  almost 
exclusively  agriculturists  ;  those  of  the  United  States,  to  a  great 
extent,  mechanics  and  merchants.  We  had  no  commercial  ma 
rine,  while  their  merchant  vessels  covered  the  ocean.  We  were 
without  a  navy,  while  they  had  powerful  fleets.  The  advantage 
which  they  possessed  for  inflicting  injury  on  our  coasts  and  har 
bors  was  thus  counterbalanced  in  some  measure  by  the  exposure 
of  their  commerce  to  attack  by  private  armed  vessels.  It  was 
known  to  Europe  that  within  a  very  few  years  past  the  United 
States  had  peremptorily  refused  to  accede  to  proposals  for  abol 
ishing  privateering,  on  the  ground,  as  alleged  by  them,  that  na 
tions  owning  powerful  fleets  would  thereby  obtain  undue  advan 
tage  over  those  possessing  inferior  naval  forces.  Yet  no  sooner 
was  war  flagrant  between  the  Confederacy  and  the  United  States 
than  the  maritime  powers  of  Europe  issued  orders  prohibiting 
either  party  from  bringing  prizes  into  their  ports.  This  prohibi 
tion,  directed  with  apparent  impartiality  against  both  belliger 
ents,  was  in  reality  effective  against  the  Confederate  States  alone, 
for  they  alone  could  find  a  hostile  commerce  on  the  ocean.  Mere 
ly  nominal  against  the  United  States,  the  prohibition  operated 
with  intense  severity  on  the  Confederacy,  by  depriving  it  of  the 
only  means  of  maintaining  with  some  approach  to  equality  its 
struggle  on  the  ocean  against  the  crushing  superiority  of  naval 
force  possessed  by  its  enemies.  The  value  and  efficiency  of  the 
weapon  which  was  thus  wrested  from  our  grasp  by  the  combined 
action  of  neutral  European  powers  in  favor  of  a  nation  which 
professes  openly  its  intention  of  ravaging  their  commerce  by 
privateers  in  any  future  war  is  strikingly  illustrated  by  the  ter 
ror  inspired  among  the  commercial  classes  of  the  United  States 


282  Messages  and  Papers  of  the  Confederacy. 

by  a  single  cruiser  of  the  Confederacy.  One  national  steamer, 
commanded  by  officers  and  manned  by  a  crew  who  are  debarred, 
by  the  closure  of  neutral  ports,  from  the  opportunity  of  causing 
captured  vessels  to  be  condemned  in  their  favor  as  prizes,  has 
sufficed  to  double  the  rates  of  marine  insurance  in  Northern 
ports  and  consign  to  forced  inaction  numbers  of  Northern  ves 
sels,  in  addition  to  the  direct  damage  inflicted  by  captures  at 
sea.  How  difficult,  then,  to  overestimate  the  effects  that  must 
have  been  produced  by  the  hundreds  of  private  armed  vessels 
that  would  have  swept  the  seas  in  pursuit  of  the  commerce  of 
our  enemy  if  the  means  of  disposing  of  their  prizes  had  not  Been 
withheld  by  the  action  of  neutral  Europe. 

But  it  is  especially  in  relation  to  the  so-called  blockade  of  our 
coast  that  the  policy  of  European  powers  has  been  so  shaped  as 
to  cause  the  greatest  injury  to  the  Confederacy  and  to  confer  sig 
nal  advantages  on  the  United  States.  The  importance  of  this 
subject  requires  some  development.  Prior  to  the  year  1856  the 
principles  regulating  this  subject  were  to  be  gathered  from  the 
writings  of  eminent  publicists,  the  decisions  of  admiralty  courts, 
international  treaties,  and  the  usages  of  nations.  The  uncer 
tainty  and  doubt  which  prevailed  in  reference  to  the  true  rules  of 
maritime  law  in  time  of  war,  resulting  from  the  discordant  and 
often  conflicting  principles  announced  from  such  varied  and  inde 
pendent  sources,  had  become  a  grievous  evil  to  mankind.  Wheth 
er  a  blockade  was  allowable  against  a  port  not  invested  by  land 
as  well  as  by  sea ;  whether  a  blockade  was  valid  by  sea  if  the 
investing  fleet  was  merely  sufficient  to  render  ingress  to  the 
blockaded  port  "evidently  dangerous,"  or  whether  it  was  further 
required  for  its  legality  that  it  should  be  sufficient  "really  to 
prevent  access,"  and  numerous  other  similar  questions  hacl  re 
mained  doubtful  and  undecided. 

Animated  by  the  highly  honorable  desire  to  put  an  end  <%to  difj 
ferences  of  opinion  between  neutrals  and  belligerents,  which  may 
occasion  serious  difficulties  and  even  conflicts"  (I  quote  the  of 
ficial  language),  the  five  great  powers  of  Europe,  together  with 
Sardinia  and  Turkey,  adopted  in  1856  the  following  "solemn 
declaration"  of  principles: 

i.  Privateering  is,  and  remains,  abolished. 


First  Congress.  283 

2.  The  neutral  flag  covers  enemy's  goods  with  the  exception 
of  contraband  of  war. 

3.  Neutral  goods,   with  the  exception  of^contraband  of  war, 
are  not  liable  to  capture  under  enemy's  flag. 

4.  Blockades,  in  order  to  be  binding,  must  be  effective;  that 
is  to  say,  maintained  by  a  force  sufficient  really  to  prevent  access 
to  the  coast  of  the  enemy. 

Not  only  did  this  solemn  declaration  announce  to  the  world 
the  principles  to  which  the  signing  powers  agreed  to  conform  in 
future  wars,  but  it  contained  a  clause  to  which  those  powers 
gave  immediate  effect,  and  which  provided  that  the  States  not 
parties  to  the  Congress  of  Paris  should  be  invited  to  accede  to 
the  declaration.  Under  this  invitation  every  independent  State 
hi  Europe  yielded  its  assent — at  least,  no  instance  is  known  to 
me  of  refusal ;  and  the  United  States,  while  declining  to  assent 
to  the  proposition  which  prohibited  privateering,  declared  that 
the  three  remaining  principles  were  in  entire  accordance  with 
their  own  views  of  international  law.  No  instance  is  known  in 
history  of  the  adoption  of  rules  of  public  law  under  circumstances 
of  like  solemnity,  with  like  unanimity,  and  pledging  the  faith 
of  nations  with  a  sanctity  so  peculiar. 

When,  therefore,  this  Confederacy  was  formed,  and  when  neu 
tral  powers,  while  deferring  action  on  its  demand  for  admission 
into  the  family  of  nations,  recognized  it  as  a  belligerent  power, 
Great  Britain  and  France  made  informal  proposals  about  the  same 
time  that  their  own  rights  as  neutrals  should  be  guaranteed  by  our 
acceding  as  belligerents  to  the  declaration  of  principles  made 
by  the  Congress  of  Paris.  The  request  was  addressed  to  our 
sense  of  justice,  and  therefore  met  immediate  favorable  response 
in  the  resolutions  of  the  Provisional  Congress  of  the  I3th  of  Au 
gust,  1 86 1,  by  which  all  the  principles  announced  by  the  Congress 
of  Paris  were  adopted  as  the  guide  of  our  conduct  during  the 
war,  with  the  sole  exception  of  that  relative  to  privateering.  As 
the  right  to  make  use  of  privateers  was  one  in  which  neutral 
nations  had,  as  to  the  present  war,  no  interest ;  as  it  was  a  right 
which  the  United  States  had  refused  to  abandon,  and  which  they 
remained  at  liberty  to  employ  against  us ;  as  it  was  a  right  of 
which  we  were  already  in  actual  enjoyment,  and  which  we  could 
not  be  expected  to  renounce  flagrante  bdlo  against  an  adversary 


284  Messages  and  Papers  of  the  Confederacy. 

possessing  an  overwhelming  superiority  of  naval  forces,  it  was 
reserved  with  entire  confidence  that  neutral  nations  could  not 
fail  to  perceive  that  just  reason  existed  for  the  reservation.  Nor 
was  this  confidence  misplaced,  for  the  official  documents  pub 
lished  by  the  British  Government,  usually  called  "Blue  Books," 
contained  the  expression  of  the  satisfaction  of  that  Government 
with  the  conduct  of  the  officials  who  conducted  successfully. the 
delicate  business  confided  to  their  charge. 

These  solemn  declarations  of  principle — this  implied  agree 
ment  between  the  Confederacy  and  the  two  powers  just  named — 
have  been  suffered  to  remain  inoperative  against  the  menaces 
and  outrages  on  neutral  rights  committed  by  the  United  States 
with  unceasing  and  progressive  arrogance  during  the  whole  pe 
riod  of  the  war.  Neutral  Europe  remained  passive  when  the 
United  States,  with  a  naval  force  insufficient  to  blockade  effect 
ively  the  coast  of  a  single  State,  proclaimed  a  paper  blockade  of 
thousands  of  miles  of  coast,  extending  from  the  capes  of  the 
Chesapeake  to  those  of  Florida,  and  encircling  the  Gulf  of  Mex 
ico  from  Key  West  to  the  mouth  of  the  Rio  Grande.  Compared 
with  this  monstrous  pretension  of  the  United  States,  the  block 
ades  known  in  history  under  the  names  of  the  Berlin  and  Milan 
decrees  and  the  British  orders  in  council,  in  the  years  1806 
and  1807,  sink  into  insignificance.  Yet  those  blockades  were 
justified  by  the  powers  that  declared  them  on  the  sole  ground 
that  they  were  retaliatory;  yet  those  blockades  have  since  been 
condemned  by  the  publicists  of  those  very  powers  as  violations  of 
international  law ;  yet  those  blockades  evoked  angry  remonstrances 
from  neutral  powers,  among  which  the  United  States  were  the 
most  conspicuous;  yet  those  blockades  became  the  chief 'cause 
of  the  war  between  Great  Britain  and  the  United  States  in  1812; 
yet  those  blockades  were  one  of  the  principal  motives  that  led 
to  the  declaration  of  the  Congress  of  Paris,  in  1856,  in  the  fond 
hope  of  imposing  an  enduring  check  on  the  very  abuse  of  mari 
time  power  which  is  now  renewed  by  the  United  States  in  1861 
and  1862,  under  circumstances  and  with  features  of  aggravated 
wrong  without  precedent  in  history. 

The  records  of  our  State  Department  contain  the  evidence  of 
the  repeated  and  formal  remonstrances  made  by  this  Government 
to  neutral  powers  against  the  recognition  of  this  blockade.  It 


First  Congress.  285 

has  been  shown  by  evidence  not  capable  of  contradiction,  and 
which  has  been  furnished  in  part  by  the  officials  of  neutral  na 
tions,  that  the  few  ports  of  this  Confederacy,  before  which  any 
naval  forces  at  all  have  been  stationed,  have  been  invested  so 
inefficiently  that  hundreds  of  entries  have  been  effected  into  them 
since  the  declaration  of  the  blockade;  that  our  enemies  have  them 
selves  admitted  the  inefficiency  of  their  blockade  in  the  most 
forcible  manner  by  repeated  official  complaints  of  the  sale  to  us 
of  goods  contraband  of  war,  a  sale  which  could  not  possibly  af 
fect  their  interests  if  their  pretended  blockade  was  sufficient 
"really  to  prevent  access  to  our  coast;"  that  they  have  gone 
farther  and  have  alleged  their  inability  to  render  their  pcper 
blockade  effective  as  the  excuse  for  the  odious  barbarity  of  de 
stroying  the  entrance  to  one  of  our  harbors  by  sinking  vessels 
loaded  with  stone  in  the  channel ;  that  our  commerce  with  for 
eign  nations  has  been  intercepted,  not  by  effective  investment  of 
our  ports,  nor  by  the  seizure  of  ships  in  the  attempt  to  enter  them, 
but  by  the  capture  on  the  high  seas  of  neutral  vessels  by  the  cruis 
ers  of  our  enemies  whenever  supposed  to  be  bound  to  any  point 
on  our  extensive  coast,  without  inquiry  whether  a  single  block 
ading  vessel  was  to  be  found  at  such  point ;  that  blockading 
vessels  have  left  the  ports  at  which  they  were  stationed  for  dis 
tant  expeditions,  have  been  absent  for  many  days,  and  have  re 
turned  without  notice  either  of  the  cessation  or  renewal  of  the 
blockade ;  in  a  word,  that  every  prescription  of  maritime  law  and 
every  right  of  neutral  nations  to  trade  with  a  belligerent,  under 
the  sanction  of  principles  heretofore  universally  respected,  have 
been  systematically  and  persistently  violated  by  the  United  States. 
Neutral  Europe  has  received  our  remonstrances  and  has  sub 
mitted  in  almost  unbroken  silence  to  all  the  wrongs  that  the 
United  States  have  chosen  to  inflict  on  its  commerce.  The  Cab 
inet  of  Great  Britain,  however,  has  not  confined  itself  to  such 
implied  acquiescence  in  these  breaches  of  international  law  as 
results  from  simple  inaction,  but  has,  in  a  published  dispatch  of 
the  Secretary  of  State  for  Foreign  Affairs,  assumed  to  make  a 
change  in  the  principle  enunciated  by  the  Congress  of  Paris,  to 
which  the  faith  of  the  British  Government  was  considered  to  be 
pledged;  a  change  too  important  and  too  prejudicial  to  the  inter 
ests  of  the  Confederacy  to  be  overlooked,  and  against  which  I 


286  Messages  and  Papers  of  the  Confederacy. 

have  directed  solemn  protest  to  be  made,  after  a  vain  attempt  to- 
obtain  satisfactory  explanations  from  the  British  Government. 
In  a  published  dispatch  from  Her  Majesty's  Foreign  Office  to  her 
Minister  at  Washington,  under  the  date  of  nth  of  February, 
1862,  occurs  the  following  passage  : 

Her  Majesty's  Government,  however,  are  of  opinion  that,  assuming 
that  the  blockade  was  duly  notified,  and  also  that  a  number  of  ships  are 
stationed  and  remain  at  the  entrance  of  a  port  sufficient  really  to  prevent 
access  to  it,  or  to  create  an  evident  danger  on  entering  it  or  leaving  it,  and 
that  these  ships  do  not  voluntarily  permit  ingress  or  egress,  the  fact  that 
various  ships  may  have  successfully  escaped  through  it  (as  in  the  particular 
instance  here  referred  to)  will  not  of  itself  prevent  the  blockade  from 
being  an  effectual  one  by  international  law. 

The  words  which  I  have  italicized  are  an  addition  made  by 
the  British  Government  of  its  own  authority  to  a  principle  the 
exact  terms  of  which  were  settled  with  deliberation  by  the  common 
consent  of  civilized  nations  and  by  implied  convention  with  this 
Government,  as  already  explained,  and  their  effect  is  clearly  to 
reopen  to  the  prejudice  of  the  Confederacy  one  of  the  very  dis 
puted  questions  on  the  law  of  blockade  which  the  Congress  of 
Paris  professed  to  settle.  The  importance  of  this  change  is  read 
ily  illustrated  by  taking  one  of  our  ports  as  an  example.  There 
is  "evident  danger"  in  entering  the  port  of  Wilmington  from 
the  presence  of  a  blockading  force,  and  by  this  test  the  blockade  is 
effective.  "Access  is  not  really  prevented"  by  the  blockading 
fleet  to  the  same  port,  for  steamers  are  continually  arriving  and 
departing,  so  that  tried  by  this  test  the  blockade  is  ineffective 
and  invalid.  The  justice  of  our  complaint  on  this  point  is  so 
manifest  as  to  leave  little  room  for  doubt  that  further  reflection 
will  induce  the  British  Government  to  give  us  such  assurances 
as  will  efface  the  painful  impressions  that  would  result  from  its 
language  if  left  unexplained. 

From  the  foregoing  remarks  you  will  perceive  that  during 
nearly  two  years  of  struggle,  in  which  every  energy  of  our  coun 
try  has  been  evoked  for  maintaining  its  very  existence,  the  neu 
tral  nations  of  Europe  have  pursued  a  policy  which,  nominally 
impartial,  has  been  practically  most  favorable  to  our  enemies  and 
most  detrimental  to  us.  The  exercise  of  the  neutral  right  of  re 
fusing  entry  into  their  ports  to  prizes  taken  by  both  belligerents 


First  Congress.  287 

was  eminently  hurtful  to  the  Confederacy.  It  was  sternly  as 
serted  and  maintained.  The  exercise  of  the  neutral  right  of 
commerce  with  a  belligerent  whose  ports  are  not  blockaded  by 
fleets  sufficient  really  to  prevent  access  to  them  would  have  been 
eminently  hurtful  to  the  United  States.  It  was  complacently 
abandoned.  The  duty  of  neutral  States  to  receive  with  cordiality 
and  recognize  with  respect  any  new  confederation  that  independ 
ent  States  may  think  proper  to  form  was  too  clear  to  admit  of 
denial,  but  its  postponement  was  eminently  beneficial  to  the 
United  States  and  detrimental  to  the  Confederacy.  It  was  post 
poned. 

In  this  review  of  our  relations  with  the  neutral  nations  of 
Europe  it  has  been  my  purpose  to  point  out  distinctly  that  this 
Government  has  no  complaint  to  make  that  those  nations  declared 
their  neutrality.  It  could  neither  expect  nor  desire  more.  The 
complaint  is  that  the  neutrality  has  been  rather  nominal  than 
real,  and  that  recognized  neutral  rights  have  been  alternately 
asserted  and  waived  in  such  manner  as  to  bear  with  great  sever 
ity  on  us,  and  to  confer  signal  advantages  on  our  enemy. 

I  have  hitherto  refrained  from  calling  to  your  attention  this 
condition  of  our  relations  with  foreign  powers  for  various  rea 
sons.  The  chief  of  these  was  the  fear  that  a  statement  of  our 
just  grounds  of  complaint  against  a  course  of  policy  so  injurious 
to  our  interests  might  be  misconstrued  into  an  appeal  for  aid. 
Unequal  as  we  were  in  mere  numbers  and  available  resources 
to  our  enemies,  we  were  conscious  of  powers  of  resistance,  in 
relation  to  which  Europe  was  incredulous,  and  our  remonstrances 
were  therefore  peculiarly  liable  to  be  misunderstood.  Proudly 
self-reliant,  the  Confederacy,  knowing  full  well  the  character  of 
the  contest  into  which  it  was  forced,  with  full  trust  in  the  supe 
rior  qualities  of  its  population,  the  superior  valor  of  its  soldiers, 
the  superior  skill  of  its  generals,  and  above  all  in  the  justice 
of  its  cause,  felt  no  need  to  appeal  for  the  maintenance  of  its  rights 
to  other  earthly  aids,  and  it  began  and  has  continued  this  struggle 
with  the  calm  confidence  ever  inspired  in  those  who,  witfi  con 
sciousness  of  right,  can  invoke  the  Divine  blessing  on  their 
cause.  This  confidence  has  been  so  assured  that  we  have  never 
yielded  to  despondency  under  defeat,  nor  do  we  feel  undue 
elation  at  the  present  brighter  prospect  of  successful  issue  to 


288  Messages  and  Papers  of  the  Confederacy. 

our  contest.  It  is,  therefore,  because  our  just  grounds  of  com 
plaint  can  no  longer  be  misinterpreted  that  I  lay  them  clearly 
before  you.  It  seems  to  me  now  proper  to  give  you  the  infor 
mation,  and,  although  no  immediate  results  may  be  attained,  it 
is  well  that  truth  should  be  preserved  and  recorded.  It  is  well 
that  those  who  are  to  follow  us  should  understand  the  full  na 
ture  and  character  of  the  tremendous  conflict  in  which  the  blood 
of  our  people  has  been  poured  out  like  water,  and  in  which  they 
have  resisted,  unaided,  the  shock  of  hosts  which  would  have 
sufficed  to  overthrow  many  of  the  powers  which,  by  their  hesi 
tation  in  according  our  rights  as  an  independent  nation,  imply 
doubt  of  our  ability  to  maintain  our  national  existence.  It  may 
be,  too,  that  if  in  future  times  unfriendly  discussions  not  now 
anticipated  shall  unfortunately  arise  between  this  Confederacy 
and  some  European  power,  the  recollection  of  our  forbearance 
under  the  grievances  which  I  have  enumerated  may  be  evoked 
with  happy  influence  in  preventing  any  serious  disturbance  of 
peaceful  relations. 

It  would  not  be  proper  to  close  my  remarks  on  the  subject  of 
our  foreign  relations  without  adverting  to  the  fact  that  the  cor 
respondence  between  the  Cabinets  of  France,  Great  Britain,  and 
Russia,  recently  published,  indicate  a  gratifying  advance  in  the 
appreciation  by  those  Governments  of  the  true  interest  of  man 
kind  as  involved  in  the  war  on  this  continent.  It  is  to  the  en 
lightened  ruler  of  the  French  nation  that  the  public  feeling  of 
Europe  is  indebted  for  the  first  official  exhibition  of  its  sympathy 
for  the  sufferings  endured  by  this  people  with  so  much  heroism, 
of  its  horror  at  the  awful  carnage  with  which  the  progress  of  the 
war  has  been  marked,  and  of  its  desire  for  a  speedy  peace.  The 
clear  and  direct  intimation  contained  in  the  language  of  the 
French  note,  that  our  ability  to  maintain  our  independence  has 
been  fully  established,  was  not  controverted  by  the  answer  of 
either  of  the  Cabinets  to  which  it  was  addressed.  It  is  indeed 
difficult  to  conceive  a  just  ground  for  a  longer  delay  on  this 
subject  after  reading  the  following  statement  of  facts  contained 
in  the  letter  emanating  from  the  Minister  of  His  Imperial  Maj 
esty: 

There  has  been  established,  from  the  very  beginning  of  this  war,  an 
equilibrium  of  forces  between  the  belligerents,  which  has  since  been  al- 


First  Congress.  289 

most  constantly  maintained,  and  after  the  spilling  of  so  much  blood  they 
are  to-day  in  this  respect  in  a  situation  which  has  not  sensibly  changed. 
Nothing  authorizes  the  prevision  that  more  decisive  military  operations 
will  shortly  occur.  According  to  the  last  advices  received  in  Europe,  the 
two  armies  were,  on  the  contrary,  in  a  condition  which  permitted  neither 
to  hope  within  a  short  delay  advantages  sufficiently  marked  to  turn  the 
balance  definitely  and  to  accelerate  the  conclusion  of  peace. 

As  this  Government  has  never  professed  the  intention  of  con 
quering  the  United  States,  but  has  simply  asserted  its  ability  to 
defend  itself  against  being  conquered  by  that  power,  we  may 
safely  conclude  that  the  claims  of  this  Confederacy  to  its  just 
place  in  the  family  of  nations  cannot  long  be  withheld,  after  so 
frank  and  formal  an  admission  of  its  capacity  to  cope  on  equal 
terms  with  its  aggressive  foes,  and  to  maintain  itself  against  their 
attempts  to  obtain  decisive  results  by  arms. 

It  is  my  painful  duty  again  to  inform  you  of  the  renewed  ex 
amples  of  every  conceivable  atrocity  committed  by  the  armed 
forces  of  the  United  States  at  different  points  within  the  Con 
federacy,  and  which  must  stamp  indelible  infamy  not  only  on  the 
perpetrators  but  on  their  superiors,  who,  having  the  power  to 
check  these  outrages  on  humanity,  numerous  and  well-authen 
ticated  as  they  have  been,  have  not  yet  in  a  single  instance  of 
which  I  am  aware  inflicted  punishment  on  the  wrongdoers. 
Since  my  last  communication  to  you  one  General  McXeil  mur 
dered  seven  prisoners  of  war  in  cold  blood,  and  the  demand  for 
his  punishment  has  remained  unsatisfied.  The  Government  of 
the  United  States,  after  promising  examination  and  explana- 
tfon  in  relation  to  the  charges  made  against  General  Benjamin 
F.  Butler,  has  byxits  subsequent  silence,  after  repeated  efforts  on 
my  part  to  obtain  some  answer  on  the  subject,  not  only  admitted 
his  guilt  but  sanctioned  it  by  acquiescence,  and  I  have  according 
ly  branded  this  criminal  as  an  outlaw,*  and  directed  his  execution 
in  expiation  of  his  crimes  if  he  should  fall  into  the  hands  of  any 
of  our  forces.  Recently  I  have  received  apparently  authentic 
intelligence  of  another  general  by  the  name  of  Milroy  who  has 
issued  orders  in  Western  Virginia  for  the  payment  of  "money 
to  him  by  the  inhabitants,  accompanied  by  the  most  savage  threats 
of  shooting  every  recusant,  besides  burning  his  house,  and  threat- 

*See  page  269. 


290  Messages  and  Papers  of  the  Confederacy. 

ening  similar  atrocities  against  any  of  our  citizens  who  shall 
fail  to  betray  their  country  by  giving  him  prompt  notice  of  the 
approach  of  any  of  our  forces,  and  this  subject  has  also  been 
submitted  to  /the  superior  military  authorities  of  the  United  States 
with  but  faint  hope  that  they  will  evince  any  disapprobation  of 
the  act.  Humanity  shudders  at  the  appalling  atrocities  which 
are  being  daily  multiplied  under  the  sanction  of  those  who  have 
.obtained  temporary  possession  of  power  in  the  United  States, 
and  who  are  fast  making  its  once  fair  name  a  byword  of  re 
proach  among  civilized  men.  Not  even  the  natural  indignation 
inspired  by  this  conduct  should  make  us,  however,  so  unjust  as 
to  attribute  to  the  whole  mass  of  the  people  who  are  subjected 
to  the  despotism  that  now  reigns  with  unbridled  license  in  the 
city  of  Washington  a  willing  acquiescence  in  its  conduct  of  the 
war.  There  must  necessarily  exist  among  our  enemies  very 
many,  perhaps  a  majority,  whose  humanity  recoils  from  all  par 
ticipation  in  such  atrocities,  but  who  cannot  be  held  wholly  guilt 
less  while  permitting  their  continuance  without  an  effort  at  re 
pression. 

The  public  journals  of  the  North  have  been  received,  contain 
ing  a  proclamation,  dated  on  the  ist  day  of  the  present  month, 
signed  by  the  President  of  the  United  States,  in  which  he  orders 
and  declares  all  slaves  within  ten  of  the  States  of  the  Confeder 
acy  to  be  free,  except  such  as  are  found  within  certain  districts 
now  occupied  in  part  by  the  armed  forces  of  the  enemy.  We 
may  well  leave  it  to  the  instincts  of  that  common  humanity  which 
a  beneficent  Creator  has  implanted  in  the  breasts  of  our  fellow- 
men  of  all  countries  to  pass  judgment  on  a  measure  by  which 
several  millions  of  human  beings  of  an  inferior  race,  peaceful 
and  contented  laborers  in  their  sphere,  are  doomed  to  extermi 
nation,  while  at  the  same  time  they  are  encouraged  to  a  general 
assassination  of  their  masters  by  the  insidious  recommendation 
"to  abstain  from  violence  unless  in  necessary  self-defense." 
Our  own  detestation  of  those  who  have  attempted  the  most  exe 
crable  measure  recorded  in  the  history  of  guilty  man  is  tempered 
by  profound  contempt  for  the  impotent  rage  which  it  discloses. 
So  far  as  regards  the  action  of  this  Government  on  such  criminals 
as  may  attempt  its  execution,  I  confine  myself  to  informing  you 
that  I  shall,  unless  in  your  wisdom  vou  deem  some  other  course 


First  Congress.  291 

more  expedient,  deliver  to  the  several  State  authorities  all  com 
missioned  officers  of  the  United  States  that  may  hereafter  be 
captured  by  our  forces  in  any  of  the  States  embraced  in  the 
proclamation,  that  they  may  be  dealt  with  in  accordance  with 
the  laws  of  those  States  providing  for  the  punishment  of  crim 
inals  engaged  in  exciting  servile  insurrection.  The  enlisted 
soldiers  I  shall  continue  to  treat  as  unwilling  instruments  in  the 
commission  of  these  crimes,  and  shall  direct  their  discharge  and 
return  to  their  homes  on  the  proper  and  usual  parole. 

In  its  political  aspect  this  measure  possesses  great  significance, 
and  to  it  in  this  light  I  invite  your  attention.  It  affords  to  our 
whole  people  the  complete  and  crowning  proof  of  the  true  nature 
of  the  designs  of  the  party  which  elevated  to  power  the  present 
occupant  of  the  Presidential  chair  at  Washington  and  which 
sought  to  conceal  its  purpose  by  every  variety  of  artful  device 
and  by  the  perfidious  use  of  the  most  solemn  and  repeated  pledges 
on  every  possible  occasion.  I  extract  in  this  connection  as  a  sin 
gle  example  the  following  declaration,  made  by  President  Lin 
coln  under  the  solemnity  of  his  oath  as  Chief  Magistrate  of  the 
United  States,  on  the  4th  of  March,  j86i  : 

Apprehension  seems  to  exist  among  the  people  of  the  Southern  States 
that  by  the  accession  of  a  Republican  Administration  their  property  and 
their  peace  and  personal  security  are  to  be  endangered.  There  has  never 
been  any  reasonable  cause  for  such  apprehension.  Indeed,  the  most 
ample  evidence  to  the  contrary  has  all  the  while  existed  and  been  open 
to  their  inspection.  It  is  found  in  nearly  all  the  published  speeches  of 
him  whp  now  addresses  you.  I  do  but  quote  from  one  of  those  speeches 
when  ^T  declare  that  I  have  no  purpose,  directly  or  indirectly,  to  inter 
fere  with  the  institution  of  slavery  in  the  States  where  it  exists.  I  be 
lieve  I  have  no  lawful  right  to  do  so;  and  I  have  no  inclination  to  do 
Those  who  nominated  and  elected  me  did  so  with  full  knowledge  tha 
had  made  this  and  many  similar  declarations  and  had  never  recanted 
them;  and  more  than  this,  they  placed  in  the  platform  for  my  acceptance 
and  as  a  law  to  themselves  and  to  me  the  clear  and  emphatic  resolution 
which  I  now  read : 

"Resolved,  That  the  maintenance' inviolate  of  the  rights  of  the  States, 
and  especially  the  right  of  each  State  to  order  and  control  its  own  domes 
tic  institutions  according  to  its  own  judgment  exclusively,  is  essential 
to  that  balance  of  power  on  which  the  perfection  and  endurance  of  our  po 
litical  fabric  depend ;  and  we  denounce  the  lawless  invasion  by  armed 
force  of  the  soil  of  any  State  or  Territory,  no  matter  under  what  pre 
text,  as  among  the  gravest  of  crimes." 


bey 

n 


292  Messages  and  Pafers  of  the  Confederacy. 

Nor  was  this  declaration  of  the  want  of  power  or  disposition 
to  interfere  with  our  social  system  confined  to  a  state  of  peace. 
Both  before  and  after  the  actual  commencement  of  hostilities 
the  President  of  the  United  States  repeated  in  formal  official 
communication  to  the  Cabinets  of  Great  Britain  and  France  that 
he_was  utterly  without  constitutional  power  to  do  the  act  which 
he  has  just  committed,  and  that  in  no  possible  event,  whether  the 
secession  of  these  States  resulted  in  the  establishment  of  a  sepa 
rate  Confederacy  or  in  the  restoration  of  the  Union,  was  there 
any  authorjtv_Jw  virtue  of  which  he  could  either  restore  a  disaf 
fected  State  to  tTTe  Union  by  force  of  arms  or  make  any  change 
in  any  of  its  institutions.  I  refer  especially  for  verification  of 
this  assertion  to  the  dispatches  addressed  by  the  Secretary  of 
State  of  the  United  States,  under  direction  of  the  President,  to 
the  Ministers  of  the  United  States  at  London  and  Paris,  under 
date  of  loth  and  22d  of  April,  1861. 

The  people  of  this  Confederacy,  then,  cannot  fail  to  receive 
this  proclamation  as  the  fullest  vindication  of  their  own  sagacity 
in  foreseeing  the  uses  to  which  the  dominant  party  in  the  United 
States  intended  from  the  beginning  to  apply  their  power,  nor 
can  they  cease  to  remember  with  devout  thankfulness  that  it  is 
to  their  own  vigilance  in  resisting  the  first  stealthy  progress-pf 
approaching  despotism  that  they  owe  their  escape  from  conse 
quences  now  apparent  to  the  most  skeptical.  This  proclamation 
will  have  another  salutary  effect  in  calming  the  fears  of  those 
who  have  constantly  evinced  the  apprehension  that  this  war  might 
end  by  some  reconstruction  of  the  old  Union  or  some  renewal  of 
close  political  relations  with  the  United  States.  These  fears 
have  never  been  shared  by  me,  nor  have  I  ever  been  able  to  per 
ceive  on  what  basis  they  could  rest.  But  the  proclamation  af 
fords  the  fullest  guarantee  of  the  impossibility  of  such  a  result; 
it  has  established  a  state  of  tjikrgs  which  can  lead  to  but  one  of 
three  possible  consequences — the  extermination  of  the  slaves, 
the  exile  of  the  whole  white  population  from  the  Confederacy," 
or  absolute  and  total  separation  of  these  States  from  the  United 
States. 

This  proclamation  is  also  an  authentic  statement  by  the  Gov 
ernment  of  the  United  States  of  its  inability  to  subjugate  the 
South  by  force  of  arms,  and  as  such  must  be  accepted  by  neutral 


First  Congress.  293 

nations,  which  can  no  longer  find  any  justification  in  withholding 
our  just  claims  to  formal  recognition.  It  is  also  in  effect  an  inti 
mation  to  the  people  of  the  North  that  they  must  prepare  to  sub 
mit  to  a  separation,  now  become  inevitable,  for  that  people  are 
too  acute  not  to  understand  a  restoration  of  the  Union  has  been 
rendered  forever  impossible  by  the  adoption  of  a  measure  which 
from  its  very  nature  neither  admits  of  retraction  nor  can  coexist 
with  union. 

Among  the  subjects  to  which  your  attention  will  be  specially 
devoted  during  the  present  session  you  will  no  doubt  deem  the 
adoption  of  some  comprehensive  system  of  finance  as  being  of 
paramount  importance.  The  increasing  public  debt,  the  great 
augmentation  in  the  volume  of  the  currency,  with  its  necessary  con 
comitant  of  extravagant  prices  for  all  articles  of  consumption, 
the  want  of  revenue  from  a  taxation  adequate  to  support  the  pub 
lic  credit,  all  unite  in  admonishing  us  that  energetic  and  wise 
legislation  alone  can  prevent  serious  embarrassment  in  our  mon 
etary  affairs.  It  is  my  conviction  that  the  people  of  the  Confed 
eracy  will  freely  meet  taxation  on  a  scale  adequate  to  the  main 
tenance  of  the  public  credit  and  the  support  of  their  Govern 
ment.  When  each  family  is  sending  forth  its  most  precious  ones 
to  meet  exposure  in  camp  and  death  in  battle,  what  ground  can 
there  be  to  doubt  the  disposition  to  devote  a  tithe  of  its  income, 
and  more,  if  more  be  necessary,  to  provide  the  Government  with 
means  for  insuring  the  comfort  of  its  defenders?  If  our  enemies 
submit  to  an  excise  on  every  commodity  they  produce  and  to  the 
daily  presence  of  the  taxgatherer,  with  no  higher  motive  than 
the  hope  of  success  in  their  wicked  designs  against  us,  the  sug 
gestion  of  an  unwillingness  on  the  part  of  this  people  to  submit 
to  the  taxation  necessary  for  the  success  of  their  defense  is  an 
imputation  on  their  patriotism  that  few  will  be  disposed  to  make 
and  that  none  can  justify. 

The  legislation  of  your  last  session,  intended  to  hasten  the 
funding  of  outstanding  Treasury  notes,  has  proved  beneficial,  as 
shown  by  the  returns  annexed  to  the  'report  of  the  Secretary  of 
the  Treasury.  But  it  was  neither  sufficiently  prompt  nor  far- 
reaching  to  meet  the  full  extent  of  the  evil.  The  passage  of  some 
enactment  carrying  still  further  the  policy  of  that  law  by  fixing 
a  limitation  not  later  than  the  ist  of  Tulv  next  to  the  delay  al- 


294  Messages  and  Papers  of  the  Confederacy. 

lowed  for  funding  the  notes  issued  prior  to  the  ist  of  December, 
1862,  will,  in  the  opinion  of  the  Secretary,  have  the  effect  to 
withdraw  from  circulation  nearly  the  entire  sum  issued  previous 
to  the  last-named  date.  If  to  this  be  added  a  revenue  from  ade 
quate  taxation,  and  a  negotiation  of  bonds  guaranteed  propor 
tionately  by  the  several  States,  as  has  already  been  generally 
proposed  by  some  of  them  in  enactments  spontaneously  adopted, 
there  is  little  doubt  that  we  shall  see  our  finances  restored  to  a 
sound  and  satisfactory  condition,  our  circulation  relieved  of  the 
redundancy  now  productive  of  so  many  mischiefs,  and  our  credit 
placed  on  such  a  basis  as  to  relieve  us  from  further  anxiety  rel 
ative  to  our  resources  for  the  prosecution  of  the  war. 

It  is  true  that  at  its  close  our  debt  will  be  large ;  but  it  will 
be  due  to  our  own  people,  and  neither  the  interest  nor  the  capi 
tal  will  be  exported  to  distant  countries,  impoverishing  ours  for 
their  benefit.  On  the  return  of  peace  the  untold  wealth  which 
will  spring  from  our  soil  will  render  the  burden  of  taxation  far 
less  onerous  than  is  now  supposed,  especially  if  we  take  into 
consideration  that  we  shall  then  be  free  from  the  large  and  steady 
drain  of  our  substance  to  which  we  were  subjected  in  the  late 
Union  through  the  instrumentality  of  sectional  legislation  and 
protective  tariffs. 

I  recommend  to  your  earnest  attention  the  whole  report  of  the 
Secretary  of  the  Treasury  on  this  important  subject,  and  trust 
that  your  legislation  on  it  will  be  delayed  no  longer  than  may  be 
required  to  enable  your  wisdom  to  devise  the  proper  measures 
for  insuring  the  accomplishment  of  the  objects  proposed. 

The  operations  of  the  War  Department  have  been  in  the  main 
satisfactory.  In  the  report  of  the  Secretary,  herewith  submitted, 
will  be  found  a  summary  of  many  memorable  successes.  They 
are  with  justice  ascribed  in  large  measure  to  the  reorganization 
and  reinforcement  of  our  armies  under  the  operation  of  the 
enactments  for  conscription.  The  wisdom  and  efficacy  of  these 
acts  have  been  approved  by  results,  and  the  like  spirit  of  unity, 
endurance,  and  self-devotion  in  the  people,  which  has  hitherto 
sustained  their  action,  must  be  relied  on  to  assure  their  enforce 
ment  under  the  continuing  necessities  of  our  situation.  The  rec 
ommendations  of  the  Secretary  to  this  effect  are  tempered  by  sug 
gestions  for  their  amelioration,  and  the  subject  deserves  the 


First  Congress.  295 

consideration  of  Congress.  For  the  perfection  of  our  military 
organization  no  appropriate  means  should  be  rejected,  and  on 
this  subject  the  opinions  of  the  Secretary  merit  early  attention. 
It  is  gratifying  to  perceive  that  under  all  the  efforts  and  sacrifices 
of  war  the  power,  means,  and  resources  of  the  Confederacy  for 
its  successful  prosecution  are  increasing.  Dependence  on  for 
eign  supplies  is  to  be  deplored,  and  should,  as  far  as  practicable, 
be  obviated  by  the  development  and  employment  of  internal  re 
sources.  The  peculiar  circumstances  of  the  country,  however, 
render  this  difficult  and  require  extraordinary  encouragements 
and  facilities  to  be  granted  by  the  Government.  The  embarrass 
ments  resulting  from  the  limited  capacity  of  the  railroads  to  af 
ford  transportation  and  the  impossibility  of  otherwise  com 
manding  and  distributing  the  necessary  supplies  for  the  armies 
render  the  control  of  the  roads  under  some  general  supervision 
and  resort  to  the  power  of  impressment  military  exigencies. 
While  such  powers  have  to  be  exercised,  they  should  be  guarded 
by  judicious  provisions  against  perversion  or  abuse  and  be,  as 
recommended  by  the  Secretary,  under  due  regulation  of  law. 

I  specially  recommend  in  this  connection  some  revision  of  the 
exemption  law  of  last  session.  Serious  complaints  have  reached 
me  of  the  inequality  of  its  operation  from  eminent  and  patriotic 
citizens  whose  opinions  merit  great  consideration,  and  I  trust 
that  some  means  will  be  devised  for  leaving  at  home  a  sufficient 
local  police  without  making  discriminations,  always  to  be  depre 
cated,  between  different  classes  of  our  citizens. 

Our  relations  with  the  Indians  generally  continue  to  be  friend 
ly.  A  portion  of  the  Cherokee  people  have  assumed  an  attitude 
hostile  to  the  Confederate  Government,  but  it  is  gratifying  to  be 
able  to  state  that  the  mass  of  intelligence  and  worth  in  that  nation 
have  remained  true  and  loyal  to  their  treaty  engagements.  With 
this  exception  there  have  been  no  important  instances  of  disaf 
fection  among  any  of  the  friendly  nations  and  tribes.  Dissatis 
faction  recently  manifested  itself  among  certain  portions  of 
them,  but  this  resulted  from  a  misapprehension  of  the  intentions 
of  the  Government  in  their  behalf.  This  has  been  removed,  and 
no  further  difficulty  is  anticipated. 

The  report  of  the  Secretary  of  the  Navy,  herewith  transmitted, 
<exhibits  the  progress  made  in  this  branch  of  the  public  service 


296  Messages  and  Papers  of  the  Confederacy. 

since  your  adjournment,  as  well  as  its  present  condition.  The  de 
tails  embraced  in  it  are  of  such  a  nature  as  to  render  it,  in  my 
opinion,  incompatible  with  the  public  interests  that  they  should 
be  published  with  this  message.  I  therefore  confine  myself  to  in 
viting  your  attention  to  the  information  therein  contained. 

The  report  of  the  Postmaster  General  shows  that  during  the 
first  postal  year  under  our  Government,  terminating  on  the  3Oth 
of  June  last,  our  revenues  were  in  excess  of  those  received  by 
the  former  Government  in  its  last  postal  year,  while  the  expenses 
were  greatly  decreased.  There  is  still,  however,  a  considerable 
deficit  in  the  revenues  of  the  Department  as  compared  with  its 
expenses,  and  although  the  grants  already  made  from  the  gen 
eral  Treasury  will  suffice  to  cover  all  liabilities  to  the  close  of 
the  fiscal  year  ending  on  the  3Oth  of  June  next,  I  recommend  some 
legislation,  if  any-  can  be  constitutionally  devised,  for  aiding  the 
revenues  of  that  Department  during  the  ensuing  fiscal  year,  in 
order  to  avoid  too  great  a  reduction  of  postal  facilities.  Your 
attention  is  also  invited  to  numerous  other  improvements  in  the 
service  recommended  in  the  report,  and  for  which  legislation  is 
required. 

I  recommend  to  the  Congress  to  devise  a  proper  mode  of  re 
lief  to  those  of  our  citizens  whose  property  has  been  destroyed 
by  order  of  the  Government,  in  pursuance  of  a  policy  adopted 
as  a  means  of  national  defense.  It  is  true  that  full  indemnity 
cannot  now  be  made,  but  some  measure  of  relief  is  due  to  those 
patriotic  citizens  who  have  borne  private  loss  for  the  public  good, 
whose  property  in  effect  has  been  taken  for  public  use,  though 
not  directly  appropriated.  Our  Government,  born  of  the  spirit 
of  freedom  and  of  the  equality  and  independence  of  the  States, 
could  not  have  survived  a  selfish  or  jealous  disposition,  mating 
each  only  careful  of  its  own  interest  or  safety.  The  fate  of  the 
Confederacy,  under  the  blessing  of  Divine  Providence,  depends 
upon  the  harmony,  energy,  and  unity  of  the  States.  It  especially 
devolves  on  you,  their  representatives,  as  far  as  practicable,  to 
reform  abuses,  to  correct  errors,  to  cultivate  fraternity,  and  to 
sustain  in  the  people  a  just  confidence  in  the  Government  of  their 
choice.  To  that  confidence  and  to  the  unity  and  self-sacrificing 
patriotism  hitherto  displayed  is  due.  the  success  which  has  marked 
the  unequal  contest,  and  has  brought  our  country  into  a  condi- 


First  Congress.  297 

tion  at  the  present  time  such  as  the  most  sanguine  would  not 
have  ventured  to  predict  at  the  commencement  of  our  struggle. 
Our  armies  are  larger,  better  disciplined,  and  more  thoroughly 
armed  and  equipped  than  at  any  previous  period  of  the  war. 
The  energies  of  a  whole  nation  devoted  to  the  single  object  of 
success  in  this  war  have  accomplished  marvels,  and  many  of 
our  trials  have,  by  a  beneficent  Providence,  been  converted  into 
blessings.  The  magnitude  of  the  perils  which  we  encountered 
has  developed  the  true  qualities  and  illustrated  the  heroic  charac 
ter  of  our  people,  thus  gaining  for  the  Confederacy  from  its 
birth  a  just  appreciation  from  the  other  nations  of  the  earth. 
The  injuries  resulting  from  the  interruption  of  foreign  commerce 
have  received  compensation  by  the  development  of  our  internal 
resources.  Cannon  crown  our  fortresses  that  were  cast  from 
the  products  of  mines  opened  and  furnaces  built  during  the  war. 
Our  mountain  caves  yield  much  of  the  niter  for  the  manufac 
ture  of  powder,  and  promise  increase  of  product.  From  our 
own  foundries  and  laboratories,  from  our  own  armories  and 
workshops,  we  derive  in  a  great  measure  the  warlike  material, 
the  ordnance  and  ordnance  stores  which  are  expended  so  pro 
fusely  in  the  numerous  and  desperate  engagements  that  rapidly 
succeed  each  other.  Cotton  and  woolen  fabrics,  shoes  and  har 
ness,  wagons  and  gun  carriages  are  produced  in  daily  increasing 
quantities  by  the  factories  springing  into  existence.  Our  fields, 
no  longer  \vhitened  by  cotton  that  cannot  be  exported,  are  devoted 
to  the  production  of  cereals  and  the  growth  of  stock  formerly 
purchased  with  the  proceeds  of  cotton.  In  the  homes  of  our 
noble  and  devoted  women,  without  whose  sublime  sacrifices  our 
success  would  have  been  impossible,  the  noise  of  the  loom  and 
of  the  spinning  wheel  may  be  heard  throughout  the  land.  With 
hearts  swelling  with  gratitude  let  us,  then,  join  in  returning 
thanks  to  God,  and  in  beseeching  the  continuance  of  his  pro 
tecting  care  over  our  cause  and  the  restoration  of  peace  with  its 
manifold  blessings  to  our  beloved  country. 

JEFFERSON  DAVIS. 


298  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  January  15,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication,  .from  the  Secretary  of 
the  Treasury,  covering  certain  estimates.* 

I   recommend  that  an  appropriation  be   made  of  the  amount 
and  for  the  purpose  specified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jany.  15,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Treasury  in  reference  to  a  matter  which  I  commend  to  your 
special  attention  and  early  decision,  in  secret  session. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  17,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  a  copy  of  an  official  reportf  recently  made  by  Colo 
nel  Imboden,  asked  for  in  a  resolution  of  the  House  of  Represent 
atives,  on  the  1 5th  instant.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jany.  19,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  copies  of  the  reports  of  Major  General  G.  W. 
Smith  and  his  subordinates,  of  recent  military  operations  in 
North  Carolina,  in  response  to  a  resolution  of  the  Senate  of  the 
1 4th  instant.  JEFFERSON  DAVIS, 

*Of  amount  required  for  telegraphic  service  for  six  months  ending 
June  30,  1863. 

tRelating  to  outrages  perpetrated  by  General  Milroy  upon  people  in 
Northwestern  and  Valley  districts  of  Virginia;  see  also  page  289. 


First  Congress.  299 

EXECUTIVE  OFFICE, 
RICHMOND,  January  20,   1863. 
To  the  Senate  of  the  Confederate  States. 

I  have  the  honor  to  request  that  my  message*  sent  to  the  Sen 
ate  at  the  opening  of  the  session  may  be  returned  to  me,  to  change 
a  word  which  is  an  error.  JEFFERSON  DAVIS. 

[The  same  message  was  sent  to  the  House  of  Representatives.] 

RICHMOND,  VA.,  Jan.  21,  1863. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  return  my  message*  sent  to  you  on  the  I4th  [l2th] 
instant,  calling  your  attention  to  the  I2th  line  on  the  7th  page, 
where  I  have  substituted  the  word  "sovereign"!  for  "seven,"  as  it 
previously  stood,  incorrectly  written.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  24th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  forwarding  for  your  information  copies  of  certain  reports 
of  military  operations,  being  a  response  in  part  to  your  resolution 
of  the  22d  inst.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  27,   1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  funds  required  by  the  Ordnance 
Bureau. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  30,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit,  for  your  information,  a  communication 
from  the  Secretary  of  War,  forwarding  copies  of  "orders  of  im 
pressment,"  in  reply  to  your  resolution  of  the  1 5th  inst. 

JEFFERSON  DAVIS. 

*Page   276.      tSee  page  278. 


300  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  February  3d,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication* 
from  the  Secretary  of  War,  in  response  to  your  resolution  of  the 
27th  ult.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  3d,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  reference  to  the  examination  and  appointment  of  ord 
nance  officers,  being  a  response  to  your  resolution  asking  for  in 
formation  on  the  subject.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  3,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communicationf 
from  the  Secretary  of  War,  in  response  to  your  resolution  of  the 
27th  ult.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  4,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  a  report  of  the  Quarter 
master  General,  in  response  to  your  resolution  relative  to  commu 
nication,  etc.,  of  officers  serving  in  cities. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  4,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  submitting  estimates  for  the  Indian  Service  to  June  30,  1863. 

*Relating  to  the  enforcement  of  the  conscript  law,  etc. 

tRelating  to  findings  of  general  court-martial  held  at  Richmond  for 
month  of  January ;  and  which  of  the  rules  and  regulations  for  the  gov 
ernment  of  the  Army  of  the  Confederate  States,  private  L.  B.  Seymour, 
Company  E,  50th  N.  C.  Regiment,  was  sentenced  for  desertion  to  receive 
thirty-nine  lashes  on  bare  back. 


First  Congress.  301 

I  recommend  an  appropriation  of  the  amount  and  for  the  pur 
pose  indicated.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  4,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  reports  from  the  Surgeon 
General  and  the  Chief  of  Engineers,  in  response  to  your  resolu 
tion  of  the  22d  ultimo.  JEFFERSON  DAVIS. 

RICHMOND,  VA,,  Feb.  4th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  forwarding  the  report  of  the  Chief  of  Ordnance,  in  partial 
response  to  your  resolution  of  the  loth  of  September,  1862. 

JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE, 
RICHMOND,   February  7,   1863. 

To  the  House  of  Representatives  of  the  Confederate  States. 
I  have  this  day  received  the  following  resolution — 
Resolved,  That  the  President  be  requested  to  inform  this  House  whether 
private  property  of  citizens  not  in  the  Army  has  been  seized  and  confiscated 
by  his  order  or  not ;  and  if  it  has  been,  for  what  offense  and  under  what  law 
such  seizure  and  confiscation  have  been  ordered — 

and  reply  that  MO  private  property  of  citizens,  either  in  or  not 
in  the  Army,  has  been  seized  and  confiscated  by  my  order. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  7,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration,  in  secret  session, 
a  communication  from  the  Secretary  of  the  Treasury,  submitting 
an  estimate  of  the  amount  required  to  carry  into  effect  the  act 
entitled  "An  Act  to  authorize  a  foreign  loan." 

I  recommend  an  appropriation  of  the  amount  and  for  the  pur 
pose  specified.  JEFFERSON  DAVIS. 


302  Messages  and  Papers  of  the  Confederacy. 

To  the  House  of  Representatives  of  the  Confederate  States. 

In  reply  to  your  resolution  of  the  28th  ult.,  I  herewith  trans 
mit  a  letter  from  the  Secretary  of  the  Navy,  in  which  will  be 
found  a  partial  answer  to  the  inquiries  submitted.  It  contains 
full  information  in  relation  to  the  number  of  vessels,  their  cost, 
and  mode  of  payment,  with  a  reference  to  laws  conferring  au 
thority  for  what  has  been  done. 

I  have  not  deemed  it  proper  to  communicate  the  names  of 
officers  employed  abroad,  and  still  less  the  names  of  contractors 
in  foreign  countries,  for  the  obvious  reason  that  to  do  so  would 
endanger  the  execution  of  the  work  undertaken  and  for  the 
paramount  consideration  that  to  reveal  the  names  of  parties  who 
have  contracted  abroad  with  us  would  subject  them  to  the  penal 
ties  imposed  by  the  laws  of  their  own  country,  and  to  violate 
the  faith  at  least  impliedly  given  to  them  when  they  entered  into 
contracts  with  the  officers  of  our  Government. 

From  such  considerations,  while  the  reports  of  the  Secretary 
of  the  Navy  made  to  this  and  previous  sessions  of  Congress  en 
deavored  to  give  the  fullest  information  in  relation  to  the  opera 
tions  of  the  Department,  executed  or  to  be  executed  within  the 
limits  of  our  country,  those  in  foreign  countries  were  stated, 
with  the  reservation  that  whatever  might  be  injurious  to  the 
public  interest,  or  to  persons  who  encountered  hazards  to  render 
us  service,  should  be  considered  in  secret  session. 

The  laws  and  resolutions  to  which  reference  is  made  as  giv 
ing  authority  for  the  construction  of  vessels  abroad,  of  necessi 
ty  contemplated  their  execution  in  places  where  the  laws  would 
forbid  any  subject  or  citizen  being  a  party  to  the  transaction, 
and  therefore  implied  so  much  of  secrecy  as  would  be  inconsistent 
with  the  exhibition  of  contracts  and  the  exposure  of  the  names 
of  contractors,  at  least  until  time  should  have  removed  them  from 
the  danger  of  prosecution  or  damages. 

Although  these  considerations  do  not  apply  so  strongly  to  a 
communication  made  in  secret  session,  the  objections  still  remain 
that  the  danger  of  the  parties  is  increased  by  the  multiplication 
of  authentic  papers,  any  one  of  which  would  furnish  conclusive 
proof  against  them,  a  hazard  which  it  is  fair  to  presume  they 
would  be  unwilling  to  incur,  and  which  if  known  to  them  might 
have  prevented  their  consent  to  the  contract. 


First  Congress.  303 

I  trust  that  the  House  will  find  in  the  above  stated  reasons  a 
justification  for  withholding  fuller  information  than  is  contained 
in  the  message  and  the  accompanying  letter  of  the  Secretary  of 
the  Navy.  JEFFERSON  DAVIS. 

[Received  February  7,  1863.] 

RICHMOND,  VA.,  February  7,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  the  amount  required  for  the  remu 
neration  of  additional  clerks  in  the  War  Department. 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
pose  specified.  JEFFERSON'  DAVIS. 

RICHMOND,  VA.,  February  n,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  reference  to  the  case  of  Colonel 
Richard  Thomas,  in  response  to  your  resolution  of  the  24th  inst. 

JEFFERSON   DAVIS. 

RICHMOND,  VA.,  Feb.  11,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  inclosing  copies  of  the  findings  of  a  general  court-martial, 
in  the  cases  of  persons  charged  with  desertion  and  absence  with 
out  leave,  being  a  response  to  your  resolution  of  the  27th  ult. 

JEFFERSON  DAVIS. 

RICHM-OND,  VA.,  February  13,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  the  inci 
dental  and  contingent  expenses  of  the  Army,  and  of  the  Depart 
ment  of  War,  until  the  3Oth  of  June  next. 

I  recommend  an  appropriation  of  the  amount,  and  for  the  pur 
pose  specified.  JEFFERSON  DAVIS. 


304  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Feb.  16,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  a  list  of  all  the  civilians  now  in  custody,  under 
authority  of  the  War  Department,  in  the  city  of  Richmond,  being 
a  response  in  part  to  your  resolution  of  the  5th  instant. 

JEFFERSON*  DAVIS. 

RICHMOND,  VA.,  Feb.  16,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  I9th  ult.,  in  reference 
to  impressments  of  flour,  &c.,  in  Petersburg  and  Lynchburg. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  17,  1863. 
To  the   Senate  and   House  of  Representatives. 

I  herewith  transmit  a  report  of  the  Postmaster  General,  sup 
plemental  to  his  report  submitted  to  Congress  at  the  opening 
of  the  present  session,  to  which  I  invite  your  special  attention. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  17,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  response  to  your  resolution  of 
the  3Oth  ult.,  with  regard  to  Lieut.  Colonel  Brcadwell. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  17,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  asking  for  an  appropriation  to  meet  a  claim  of  the  State  of 
North  Carolina  for  reimbursement  of  sums  expended  upon 
clothing,  etc.,  for  troops  of  that  State  in  the  Confederate  service. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 


First  Congress.  305 

RICHMOND,  VA.,  Feb.  19,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Treasury,  in  reference  to  the  settlement  of  the  claims  of  de 
ceased  soldiers,  in  response  to  your  resolution  of  the  I2th  inst. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  19,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  i8th  instant,  in  regard 
to  the  number  of  quartermasters  on  duty  in  the  city  of  Richmond. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  i9th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Navy,  in  response  to  your  resolution  of  the  loth  inst.,  asking 
for  information  "in  regard  to  the  quality  and  abundance  of  iron 
and  coal  to  be  obtained  in  the  place  in  Alabama  at  which  it  is  con 
templated  to  establish  a  cannon  foundry,  &c." 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  i9th,  1863. 
To   the    Senate   and    House   of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Navy  in  regard  to  the  destruction  of  the  enemy's  sloop  "Hat- 
teras,"  by  the  Confederate  States  steam  sloop  "Alabama,"  to 
which  I  invite  your  attention. 

The  conduct  of  the  commander,  officers,  and  crew  is  commend 
ed  to  your  favorable  notice.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  2Oth,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  a  report  from  the  Commis 
sioner  of  Indian  Affairs,  in  response  to  your  resolution  of  the  6th 

20 


306  Messages  and  Papers  of  the  Confederacy. 

inst.,  in  regard  to  sums  invested  or  funded  for  the  Cherokee  In 
dians,  under  the  treaty  of  New  Echota.          JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  20,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  submitting  an  estimate  for  an  additional  appropriation  re 
quired  by  the  Engineer  Bureau  for  the  period  ending  June  30, 
1863. 
I  recommend  an  appropriation  for  the  purpose  specified. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  20,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Postmaster 
General,  submitting  an  estimate  of  the  sum  required  for  the  com 
pensation  of  certain  officers  and  employees  of  the  Post  Office  De 
partment,  from  July  ist  to  October  I2th,  1863. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  20,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  submitting  an  estimate  for  the  contingent  expenses  of  the 
Adjutant  and  Inspector  General's  office  for  the  period  ending 
June  30,  1863. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

EXECUTIVE  DEPARTMENT, 
RICHMOND,  Feb.  21,  1863. 

To  the  Senate  of  the  Confederate  States. 

Agreeably  to  the  recommendation  of  the  Secretary  of  War,  I 
nominate  the  officers  on  the  accompanying  list  to  the  rank  affixed 
to  their  names  respectively.  JEFFERSON  DAVIS. 


First  Congress.  307 

Generals — 

Samuel  Cooper,  Virginia,  to  take  rank  May  16,  '61. 
Robert  E.  Lee,  Virginia,  to  take  rank  June  14,  '61. 
Joseph  E.  Johnston,  Virginia,  to  take  rank  July  4,  '61. 
P.  G.  T.  Beauregard,  Louisiana,  to  take  rank  July  21,  '61. 

NOTE. — The  fifth  General*  has  been  nominated  and  confirmed 
by  the  Senate,  to  rank  from  the  date  affixed,  being  ,that  of  the 
happening  of  the  vacancy  to  which  he  succeeded.  J.  D. 


EXECUTIVE  OFFICE, 
RICHMOND,  VA.,  Feb.  23,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Postmaster 
General,  with  accompanying  papers,  in  reply  to  the  resolution  of 
your  body,  of  October  I3th,  1862,  asking  information  relative  to 
the  telegraphic  companies  in  the  Confederate  States ;  the  expendi 
tures  of  the  Government  in  that  connection,  and  "such  other  in 
formation  as  may  be  deemed  useful  in  determining  the  policy 
and  practicability  of  merging  the  telegraph  in  the  postal  system 
of  the  Confederate  States." 

The  documents  presented  contain  all  the  information  that  it 
is  practicable  at  present  to  furnish.  As  to  the  propriety  of  mer 
ging  the  telegraph  in  the  postal  system,  it  may  well  be  doubted 
whether  the  development  of  the  art  of  telegraphing  would  be  bet 
ter  promoted  by  withdrawing  the  management  of  the  lines  from 
private  companies,  and  placing  it  in  the  hands  of  the  Government, 
and  it  is  also  doubted  whether  the  present  is  an  opportune  time 
so  largely  to  increase  the  administrative  labors  of  the  Executive 
Departments. 

The  extension  of  Executive  patronage  involving  the  political  ef 
fect  of  giving  the  Government  control  of  the  transmission  of  the 
first  intelligence,  as  well  as  the  question  of  constitutional  power, 
were,  it  is  to  be  supposed,  considered  by  the  House  before  trans 
mitting  the  resolution,  and  are  therefore  not  regarded  as  proper 
subjects  for  remark  on  this  occasion.  JEFFERSON  DAVIS. 

*Braxton    Bragg;    see  page   211. 


308  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  February  24th,  1863. 
To  the  Senate. 

I  herewith  transmit  a  communication  from  the  Attorney  Gen 
eral,  in  reference  to  the  shares  held  by  alien  enemies  in  the  Wash 
ington  and  New  Orleans  Telegraph  Company,  in  response  to  your 
resolution  of  the  loth  inst.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  25,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  communications  from 
the  Secretary  of  the  Treasury  and  the  Attorney  General,  in  re 
gard  to  the  sequestration  of  real  estate  belonging  to  alien  enemies, 
in  response  to  your  resolution  of  the  I2th  inst. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  25th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  the  Treasury,  in  reference  to  the  amount  of 
funds  paid  into  the  Treasury  under  the  operation  of  the  sequestra 
tion  act,  in  response  to  your  resolution  of  the  2ist  inst. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  27,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  a  list  of  the  civilian  prisoners  now  in  custody  at 
the  military  prison  at  Salisbury,  N.  C.,  in  further  response  to 
your  resolution  of  the  5th  instant,  and  invite  attention  to  the  rec 
ommendation  in  regard  to  a  class  of  officers  to  be  charged  with 
the  special  duty  of  inquiring  into  the  cases  of  prisoners  arrested 
by  military  authority.  I  think  such  officers  would  be  useful,  they 
being  selected  for  special  qualifications,  and  invested  with  specific 
powers.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  27,  1863. 
To  the  Senate  of  the  Confederate  States. 

I    herewith    transmit    for    vour    information    communications 


C  K  i.- 


First  Congress.  309 

from  the  Secretaries  of  the  Treasury,  of  War,  and  of  the  Navy, 
in  reference  to  claims  for  vessels  seized  for  public  use,  in  response 
to  your  resolution  of  the  5th  inst.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  27,  1863. 

To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Attorney  General  in  relation  to  the  marshalship  of  Louisiana, 
in  response  to  your  resolution  of  the  iQth  inst. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  27th,  1863.. 
To  the  Senate  of  the  Confederate  States. 

In  further  response  to  your  resolution  of  the  loth  inst.,  in  ref 
erence  to  the  shares  held  by  alien  enemies  in  the  Washington  and 
New  Orleans  Telegraph  Company,  I  herewith  transmit  a  com 
munication  from  the  Postmaster  General. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  3rd,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  copies  of  the  reports  of  Generals  Polk,  Hardee,  and 
Cheatham  of  the  part  borne  by  their  commands  in  the  battle  of 
Shiloh,  April  6th  and  7th,  1862.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  4,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  additional  funds  required  for  the 
service  of  the  Ordnance  Bureau,  for  the  period  ending  June  30, 
1863. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  5,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  inclose  for  your  information  a  copy  of  an  act  of 


310  Messages  and  Papers  of  the  Confederacy. 

the  Legislature  of  South  Carolina,  offering  a  guaranty  by  that 
State  of  the  bonds  of  the  Confederate  States,  to  Which  I  invite 
your  special  attention.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  10,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Navy,  in  further  response  to  your  resolution  of  the  5th  ult., 
in  regard  to  the  number  and  amount  of  claims  for  vessels  seized 
for  public  use.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  10,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  additional  funds  required  for  the 
subsistence  of  the  Army  for  the  period  ending  June  30,  1863. 

I  recommend  that  an  appropriation  be  made  of  the  amount,  for 
the  purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  10,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  submitting  an  estimate  of  the  amount  required  for  the  ful 
fillment  of  contracts  made  by  the  Medical  Purveyors. 

I  recommend  that  an  appropriation  be  made  of  the  amount  for 
the  purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  n,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  3d  ultimo,  I  herewith 
transmit  for  your  information  a  copy  of  my  correspondence,  to 
gether  with  that  of  the  Secretaries  of  War  and  of  the  Navy,  with 
'the  Governor  of  Louisiana  and  Major  General  Lovell,  during  the 
period  beginning  October  25,  1861,  and  ending  with  the  date  of 
the  capture  of  the  city  of  New  Orleans,  in  reference  to  the  de 
fenses  of  that  city.  JEFFERSON  DAVIS. 


First  Congress.  311 

RICHMOND,  VA.,  March  n,  1863. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  several  reports  of  engage 
ments  with  the  enemy.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  12,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  further  response  to  your  resolution  of  the  5th  instant,  in 
reference  to  claims  for  vessels  seized  for  public  use. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  12,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  28th  ultimo,  I  herewith 
transmit  a  communication  from  the  Secretary  of  the  Treasury, 
relative  to  cotton  purchased  for  the  Government  in  the  State  of 
Louisiana.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  16,  1863. 
To  the  Senate  of  the  Confederate  States. 

Agreeably  to  the  recommendation  of  the  Secretary  of  State,  I 
hereby  nominate  Lucius  Q.  C.  Lamar  to  be  Commissioner  to 
Russia,  and  Walker  Fearn  to  be  Secretary  of  the  Commission. 

JEFFERSON  DAVIS. 

Executive  Session. 
To  the  Senate  of  the  Confederate  States. 

I  deem  it  proper  to  inform  the  Senate  that  I  have  given  com 
missions  to  James  M.  Mason,  John  Slidell,  and  Lucius  Q.  C.  La- 
mar,  investing  them  with  the  powers  of  Envoys  Extraordinary 
and  Ministers  Plenipotentiary  of  this  Government  near  the  re 
spective  courts  of  London,  Paris,  and  St.  Petersburg. 

As  these  commissions  were  to  take  effect  only  upon  the  con 
tingency  of  the  recognition  of  the  Confederacy  by  those  courts 
respectively,  and  are  held  in  abeyance  till  that  event,  I  consid- 


312  Messages  and  Papers  of  the  Confederacy. 

ered  that  it  would  not  be  proper  to  submit  the  nominations  for 
these  appointments  to  the  Senate  for  its  advice  and  consent  until 
the  time  arrived  when  the  commissions  are  to  take  effect. 

It  has  occurred  to  me,  however,  that  the  Senate  may  be  of  opin 
ion  that  these  nominations  should  be  submitted  to  it  at  the  pres 
ent  session.  If  such  should  be  the  judgment  of  the  Senate,  the 
nominations  will  be  submitted  before  its  adjournment. 

JEFFERSON  DAVIS. 

Richmond,  Va.,  March  17,  1863. 


RICHMOND,  VA.,  March  18,  1863. 
To  the  Senate  and  House  of  Representatives. 

Herewith  is  transmitted  a  communication  from  the  Postmaster 
General,  calling  attention  to  the  serious  embarrassments  in  which 
the  postal  service  is  becoming  involved  under  the  operation  of 
the  act  of  nth  of  October  last,  which  rendered  all  postmasters, 
except  those  appointed  by  the  President  and  confirmed  by  the  Sen 
ate,  and  all  contractors  for  carrying  the  mails,  their  riders  and 
drivers,  between  the  ages  of  18  and  45,  liable  to  military  duty. 
In  the  opinion  of  the  Postmaster  General,  it  will  be  impractica 
ble  to  continue  the  postal  service  in  large  districts  of  our  country, 
without  some  modification  of  this  legislation. 

Under  present  military  necessities,  I  am  very  reluctant  to  in 
crease  the  list  of  exemptions,  and,  were  this  a  case  which  did  not 
involve  a  great  public  interest,  would  decline  to  communicate  the 
recommendation  to  you.  In  view  of  the  vital  importance  of  main 
taining  mail  communications  throughout  our  country,  and  the 
small  number  of  persons  who  appear  to  be  necessary  to  the  con 
tinuance  of  the  postal  service,  I  present  the  communication  of 
the  Postmaster  General,  and  commend  it  to  your  attention. 

Should  you  concur  with  me  in  the  propriety  of  allowing  some 
exemptions  for  the  purpose  proposed,  I  would  suggest  that  it 
be  confined  to  contractors,  to  the  exclusion  of  subcontractors,  and 
that  the  number  of  drivers  be  limited  so  as  not  to  exceed  one  for, 
say,  every  25  miles  -of  service  in  coaches,  and  that  the  whole 
number  of  exemptions  shall  not  exceed,  say,  1,500. 

With  these  or  similar  restrictions,  I  am  of  the  opinion  that  the 
rule  of  subjecting  all  citizens  alike  to  the  performance  of  their 


First  Congress.  313 

duty  in  defense  of  the  country  might  be  relaxed  in  the  present 
case  as  being  for  the  interest  both  of  the  people  at  large  and  their 
defenders  in  the  field.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  25,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  2ist  ult,  inquiring 
whether  official  notice  has  been  given  to  the  proper  officers  of  the 
provisions  of  "An  Act  to  protect  the  rights  of  owners  of  slaves 
taken  by  or  employed  in  the  Army."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  2d,  1863. 

To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
State,  to  be  read  in  secret  session,  in  partial  response  to  your  res 
olution  of  February  28th,  asking  for  copies  of  such  portions  of  the 
correspondence  between  the  State  Department  and  our  commis 
sioners  abroad  as  can  be  communicated  without  detriment  to  the 
public  interest.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  6,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Navy,  to  be  read  in  secret  session. 

I  invite  your  especial  attention  to  the  subject  he  presents. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  loth,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  General  Braxton  Bragg's 
reports  of  several  battles.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  11,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the   Secretary  of 


314  Messages  and  Papers  of  the  Confederacy. 

the  Treasury,  covering  estimates  for  the  support  of  the  Govern 
ment  from  July  1st  to  December  3ist,  1863,  in  compliance  with 
resolutions  adopted  respectively  by  the  Senate  and  House  of  Rep 
resentatives. 

I  recommend  that  appropriation  be  made  of  the  amounts  for 
the  purposes  specified.  JEFFERSON  DAVIS. 


RICHMOND,  YA.,  April  16,  1863. 
To  the  House  of  Representatives. 

Having  approved  and  signed  a  bill,  which  originated  in  your 
body,  entitled,  "An  Act  to  allow  minors  to  hold  commissions  in 
the  Army,"  I  deem  it  due  to  many  meritorious  officers  in  the  serv 
ice  to  make  a  short  explanation. 

The  bill,  in  my  opinion,  is  only  declaratory  of  the  preexisting 
law.  No  prohibition  existed,  prior  to  its  passage,  against  the  issue 
of  commissions  either  in  the  Permanent  or  Provisional  Army  to 
persons  under  twenty-one  years  of  age.  Many  of  the  commis 
sioned  officers  of  the  Provisional  Army  have  attained  high  rank 
by  election  and  promotion  before  attaining  the  age  of  twenty-one 
years.  The  only  objection,  therefore,  that  I  could  entertain  to 
signing  the  bill  in  question,  was  based  on  the  apprehension  that 
the  approval  of  an  act  allowing  commissions  to  be  issued  to  minors 
"from  and  after  the  passage  of  the  act,"  might  imply  that  the 
commissions  heretofore  issued  to  minors  are  invalid. 

It  seemed,  however,  more  proper  to  sign  the  act  which  in  itself 
was  unobjectionable,  and  to  address  to  you  this  explanation,  which 
will  obviate,  it  is  believed,  the  only  ill  consequence  that  could  flow 
from  the  passage  of  the  law.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  April  18,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  the  amount  required  to  liquidate 
claims  to  be  paid  for  river  defense  service. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 


First  Congress.  315 

RICHMOND,  VA.,  April  18,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  hereby  transmit  for  your  information,  in  executive  session,  a 
communication  from  the  Secretary  of  State,  in  response  to  your 
resolution  of  the  I3th  inst.,  and  setting  forth  generally  the  rea 
sons  upon  which  I  have  deemed  it  expedient  to  send  a  commis- 
.sioner  to  Russia.  JEFFERSON  DAVIS. 

RICHMOND,  Va.,  April  18,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  an  estimate  of  the  amount  required  for  the  use  of 
the  Surgeon  General  before  the  close  of  the  current  fiscal  year. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  Va.,  April  i8th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  4th  inst.,  relative  to  the 
case  of  Surgeon  J.  E.  Dixon,  a  prisoner  of  Johnson's  Island. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  April  18,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information,  in  secret  session, 
a  communication  from  the  Secretary  of  State,  in  further  response 
to  your  resolution  of  February  28th,  asking  for  copies  of  such 
portions  of  the  correspondence  between  the  State  Department  and 
our  commissioners  abroad  as  can  be  communicated  without  det 
riment  to  the  public  service.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  18,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  in  response  to  your  resolution  of  the  2d 


316  Messages  and  Papers  of  the  Confederacy. 

instant,  and  stating  that  no  orders  have  been  issued  for  the  arrest 
and  confinement  of  soldiers  in  Richmond  whose  furloughs  have 
not  expired.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  April  20,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  the  official  reports  of 
several  engagements  with  the  enemy.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  2Oth,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  first  and  fourth  inst., 
calling  for  copies  of  the  official  reports  of  certain  battles. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  20,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  in  response  to  your  resolution  of 
January  24th,  in  reference  to  the  exchange  or  release  "of  persons 
who,  taken  from  civil  life,  have  been  transported  and  confined 
beyond  the  limits  of  the  Confederacy."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  21,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  communications  from 
the  Secretary  of  War  and  the  Attorney  General,  in  response 
to  your  resolution  of  February  2ist,  inquiring  "whether  the  Gov 
ernment  holds,  or  has  at  any  time  held,  itself  liable  for  the  value 
of  slaves  impressed  by  its  authority  and  escaping  to  the  enemy 
while  so  impressed,  and  whether  the  owners  of  such  slaves  have 
been  paid." 

Whether  the  liability  of  the  Government  shall  be  extended  to 
such  cases  is  a  question  to  be  determined,  not  by  the  Executive, 
but  by  Congress.  JEFFERSON  DAVIS. 


First  Congress.  317 

RICHMOND,  VA.,  April  21,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information,  in  secret  session,  a 
communication  from  the  Secretary  of  the  Treasury,  in  response  to 
your-  resolution  of  the  nth  instant,  inquiring  as  to  the  terms  on 
which  cotton  has  been  sold  in  foreign  markets  under  cover  of 
certificates  referred  to  in  his  report  dated  January  loth,  1862. 
From  the  report  it  appears  that  cotton  has  not  been  thus  sold. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  21,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information,  in  secret  session,  a 
communication  from  the  Secretary  of  War,  in  response  to  your 
resolution  of  the  nth  instant,  in  reference  to  the  revocation  of 
restrictions  upon  commerce  across  the  Rio  Grande. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  23,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  copies  of  certain  reports  of 
the  battle  of  Murfreesboro.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  23,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration,  in  secret  session,  a 
communication  from  the  Secretary  of  the  Navy,  submitting  an 
estimate  of  the  amount  required  to  meet  the  charges  upon  ex 
change  for  the  sum  recently  appropriated  for  the  use  of  the  Navy 
Department  abroad. 

I  recommend  an  additional  appropriation  of  the  amount  for 
the  purpose  specified,  or  such  provision  as  will  secure  to  the  De 
partment  the  use  of  the  appropriation  in  funds  current  at  the 
place  where  required.  JEFFERSON  DAVIS, 

RICHMOND,  VA.,  April  24,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith   transmit  for  vour  consideration  a  communication 


318  Messages  and  Papers  of  the  Confederacy. 

from  the  Secretary  of  the  Treasury,  covering  additional  esti 
mates  of  the  sum  required  for  the  support  of  the  Government  from 
July  ist  to  December  3ist,  1863.  JEFFERSON  DAVIS. 


RICHMOND,  VIRGINIA,  April  24th,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  2d  inst.,  asking  for 
certain  information  relative  to  hospitals,  and  the  provision  for 
the  sick  and  wounded  of  the  Army  in  them. 

JEFFERSON  DAVIS. 


RICHMOND,  VIRGINIA,  April  25th,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  the  contin 
gent  expenses  of  the  Adjutant  and  Inspector  General's  office,  for 
the  six  months  ending  December  3 1st,  1863.  I  recommend  an 
appropriation  of  the  amount  for  the  purpose  specified. 

JEFFERSON  DAVIS. 


RICHMOND,  VIRGINIA,  April  25th,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Postmaster  General,  submitting  an  estimate  of  the 
amount  required  to  prepare  a  building  for  the  post  office  for  the 
city  of  Richmond.  I  recommend  an  appropriation  of  the  sum  for 
the  purpose  specified.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  April  25,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Postmaster  General,  relative  to  the  removal  of  certain 
postmasters  from  office.  JEFFERSON  DAVIS. 


First  Congress.  319 

RICHMOND,  VA.,  April  29th,  1863. 
To  the  Hous-e  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  the  Navy,  in  reference  to  your  resolution 
of  the  25th  instant,  asking  for  a  copy  of  the  finding  of  the  court 
of  inquiry  in  the  case  of  John  H.  Mitchell,  C.  S.  N. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  April  30,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information,  in  secret  session, 
communications  from  the  Secretaries  of  the  Treasury  and  of 
War,  in  response  to  your  resolution  of  the  7th  inst.,  of  inquiry 
relative  "to  the  sale  or  hypothecation  of  cotton,  or  cotton  certifi 
cates  or  bonds,  in  Europe."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  30,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
the  Navy  in  reference  to  a  recent  act  of  Congress  establishing  a 
" Volunteer  Navy." 

I  concur  with  him  in  the  opinion  that  the  injunction  of  secrecy 
should  be  removed  from  the  law.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  April  3Oth,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  submitting  an  estimate  of  the  sum 
needed  to  pay  for  a  submarine  telegraph  cable  at  Charleston, 
S.  C. 

I  recommend  an  appropriation  of  the  amount  for  the  purpose 
specified.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  May  ist,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2Qth  January  and  the 


320  Messages  and  Papers  of  the  Confederacy. 

28th  February,  I  herewith  transmit  a  communication  from  the 
Secretary  of  War,  covering  a  report  of  the  Commissary  General 
and  copies  of  other  papers  relative  to  Lt.  Col.  W.  A.  Broadwell. 

In  addition  to  the  information  furnished  by  the  Secretary  of 
War,  I  may  state  that,  before  his  appointment  to  his  present  com 
mission,  Mr.  Broadwell  was  an  agent  of  the  Government  to  pay 
and  purchase  certain  supplies  for  the  troops  of  the  State  of  Mis 
souri  in  the  year  1861.  His  accounts  were  adjusted  to  the  satis 
faction  of  the  accounting  officers  of  the  Government. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  May  ist,  1863. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  the  reports  of  the  battle 
of  McDowell,  in  response  to  your  resolution  of  the  25th  ult. 

JEFFERSON  DAVIS. 


VETO  MESSAGES. 

To  the  Senate  of  the  Confederate  States. 

I  regret  that  a  sense  of  duty  compels  me  to  return  to  you,  with 
my  objections,  an  act  which  originated  in  the  Senate,  entitled 
"An  Act  to  increase  the  strength  and  efficiency  of  heavy  artillery 
for  seacoast  defense." 

This  act  selects  from  the  Provisional  Army  a  particular  regi 
ment,  known  as  the  First  Regiment  of  South  Carolina  Infantry, 
and  directs  that  it  shall  hereafter  be  known  as  the  Second  Regi 
ment  of  South  Carolina  Artillery,  and  shall  have  the  same  organi 
zation  as  is  now  allowed  by  law  to  the  First  Regiment  of  South 
Carolina  Artillery. 

It  next  directs  that  the  First  and  Second  Regiments  of  South 
Carolina  Artillery  shall  be  increased  to  twelve  companies  each, 
and  that  the  complement  of  a  company  shall  be  one  hundred  and 
twenty-five  enlisted  men. 

The  objections  entertained  to  these  provisions  are  grave,  and  I 
submit  them  as  succinctly  as  possible. 


First  Congress.  321 

i.  The  organization  of  artillery  into  regiments  is  subject  to  great 
inconvenience  and  impairs  the  efficiency  of  that  important  arm  of 
the  service. 

Both  in  the  Regular  and  in  the  Provisional  Army,  the  organi 
zation  of  the  artillery  is  a  corps  composed  of  batteries,  the  com 
mander  of  a  battery  being  a  captain,  and  the  men  being  formed 
into  companies.  This  organization  applies  to  both  heavy  or  siege 
and  field  artillery,  and  experience  has  shown  it  to  be  more  efficient 
than  the  organization  into  regiments. 

Under  the  law,  as  it  now  exists,  the  exact  number  of  batteries 
required  at  any  point  can  be  ordered  there,  and  an  officer  of  such 
rank  as  is  appropriate  to  the  number  of  guns  is  assigned  to  their 
command.  It  is  thus  in  the  power  of  commanders  to  assign  offi 
cers  to  the  duties  for  which  they  are  most  competent,  some  having 
greater  merit  in  heavy,  and  others  in  light  artillery.  The  system 
has  worked  exceedingly  well,  and  I  should  greatly  regret  to  see 
it  changed  or  impaired  by  exceptions.  If  the  organization  by  regi 
ments  be  better,  it  ought  to  be  adopted  for  the  whole  artillery 
service.  If  not,  why  should  the  exceptions  to  a  good  system  be  in 
creased  in  number? 

Where  the  organization  is  uniform  throughout  the  service,  the 
troops  are  better  satisfied,  and  the  administration  of  the  Army 
is  much  more  easy  and  efficient.  Where  there  are  exceptions, 
there  is  constant  effort  on  the  part  of  the  men  to  change  from 
one  organization  to  another,  discontent  is  engendered,  and  em 
barrassments  arise  in  administration. 

It  rarely  occurs  that  the  service  of  artillery  is  required  at  one 
point  to  the  number  of  ten  or  twelve  companies.  The  exigencies 
of  the  service  will  require  that  these  regiments  (if  organized  as 
contemplated  in  the  bill  now  returned  to  you)  shall  be  broken  into 
detachments,  and  the  field  officers,  in  such  event,  would  be  in  com 
mand  of  fractions  not  proportional  to  their  rank. 

The  First  Regiment  of  South  Carolina  Artillery  was  organized 
by  the  State  before  the  formation  of  the  Confederacy,  and,  when 
it  was  transferred  to  this  Government,  it  was  necessarily  accepted 
with  the  existing  organization ;  but  that  organization  was  excep 
tional  and  objectionable  for  the  reasons  already  stated.  It  has 
been  retained  in  Fort  Sumter,  which  is  one  of  the  points  where 
such  an  organization  is  least  detrimental  to  the  service,  but  no 

21 


322  Messages  and  Papers  of  the  Confederacy. 

satisfactory  reason  is  perceived  for  augmenting  the  number  of 
companies  of  which  it  is  composed,  or  for  the  organization  of 
another  regiment. 

The  First  Regiment  of  South  Carolina  Infantry,  or  a  part  of  itr 
I  am  informed,  has  been  assigned  to  duty  and  has  received  in 
struction  in  the  artillery  service,  and  can  be  so  employed  without 
the  passage  of  the  act  in  question,  as  long  as  the  exigencies  of  the 
service  may  require.  It  still  remains,  however,  infantry,  and 
could,  in  case  of  necessity,  be  used  as  such  in  the  field.  If  the 
act  should  become  a  law,  this  advantage  would  be  lost,  without 
any  apparent  compensating  benefit. 

2.  The  act  seems  to  me  objectionable  as  being  special  legisla 
tion. 

It  is  well  known  that  the  artillery  service  is  very  generally  pre 
ferred  by  our  troops  to  infantry  service.  It  is  believed  that  there 
would  be  little  difficulty  now  in  raising  a  regiment  of  artillerists 
from  citizens  exempt  from  conscription,  while  such  is  not  the 
case  with  infantry.  If  the  example  be  once  set  of  converting  reg 
iments  into  artillery,  it  needs  little  foresight  to  predict  that  Con 
gress  will  be  beset  with  applications  for  such  change  from  regi 
ments  now  serving  as  infantry,  and  claims  will  be  sent  forward 
for  equal  favors  in  each  of  the  States.  Wherever  siege  artillery 
is  required,  the  delegations  of  the  different  States  will  naturally 
expect  and  apply  for  a  grant  of  the  same  favor  to  some  infantry 
regiment  from  their  State,  and  this  result  would  be  far  from  con 
ducive  to  the  discipline  of  the  Army  and  the  good  of  the  service. 

There  are  now  numbers  of  our  citizens  who,  after  having  vol 
unteered  in  the  infantry,  have  been  found  too  feeble  in  constitu 
tion  to  withstand  the  fatigue  and  exhaustion  of  the  rapid  move 
ments  on  which  the  success  of  our  military  operations  depends. 
Such  soldiers  would  deem  it  a  great  favor  to  be  transferred  to 
the  service  of  heavy  artillery,  for  which  they  would  be  well  fitted ; 
and  their  claims  for  this  favorite  service  appear  to  be  better 
founded  than  those  of  the  enlisted  men  of  the  infantry  regiment 
designated  in  the  act. 

If  the  purpose  of  the  act  be,  as  it  apparently  is,  to  provide  for 
twenty-four  companies  of  artillerists  to  serve  together,  the  com 
mand  of  these  companies  would  be  of  sufficient  importance  to  re 
quire  the  appointment  of  a  brigadier  general  to  command  them, 


First  Congress.  323 

and  it  is  feared  that  such  special  legislation,  without  apparent 
necessity  for  one  State,  would  be  made  the  precedent  for  similar 
demands  from  other  States,  thus  leading  to  consequences  which 
did  not,  perhaps,  suggest  themselves  to  Congress  when  the  bill 
received  its  assent. 

3.  It  is  finally  suggested,  for  the  consideration  of  Congress 
whether  some  of  the  provisions  of  this  bill  are  not  equivalent  to 
the  exercise  of  the  Executive  functions  by  the  legislative  depart 
ment  of  the  Government,  and  therefore  an  infringement  of  the 
principles  of  the  Constitution  which  so  carefully  separate  the 
duties  of  these  different  Departments. 

Congress  has  power  to  "make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces"  as  well  as  to  "raise 
armies/' 

Under  these  powers  Congress  could  undoubtedly  order  the  rais 
ing  of  regiments  of  artillery  for  seacoast  defense,  and  by 
change  of  organization  direct  that  a  certain  number  of  regiments 
of  infantry  be  converted  into  artillery.  But  such  is  not  the  bill 
under  discussion.  Congress,  in  that  bill,  orders  a  specified  regi 
ment  to  be  employed  for  seacoast  defense. 

If  this  be  a  legitimate  exercise  of  legislative  power,  Congress 
can,  of  course,  select  other  regiments  and  order  them  to  the 
defense  of  the  Indian  country,  and  select  again  other  regiments 
and  order  them  to  be  sent  to  the  Tennessee,  the  Virginia,  or  the 
Texan  frontier. 

Such  orders  seem  to  me  purely  Executive.  They  have  hither 
to  been  made  through  the  Adjutant  General  of  the  Army,  and  it 
requires  but  little  reflection  to  perceive  that  the  exercise  of  such 
powers  by  Congress  withdraws  from  the  Executive  the  authority 
indispensable  to  the  fulfillment  of  his  functions  as  Commander 
in  Chief. 

These  reasons  have  appeared  to  my  mind  decisive  of  the  ques 
tion,  and  I  therefore  respectfully  return  them  to  the  Senate  as 
those  which  have  prevented  my  approval  of  the  act,  which  is  also 
herewith  returned.  JEFFERSON  DAVIS. 

Richmond,  Va.,  March  31,  1863. 


324  Messages  and  Papers  of  the  Confederacy. 

To    the    Honorable    House    of    Representatives,    Confederate    States    of 
America. 

I  herewith  return  to  the  House  the  act  to  provide  for  holding 
elections  for  Representatives  in  the  Congress  of  the  Confederate 
.States  in  the  State  of  Tennessee,  with  a  statement  of  the  objec 
tions  which  have  caused  me  to  withhold  my  approval  of  the 
same. 

The  first  clause  of  the  fourth  section  of  the  first  article  of  the 
Constitution  authorizes  Congress  to  legislate  as  to  the  time,  place, 
and  manner  of  holding  elections  for  Representatives. 

I  have  grave  doubts  whether  this  extends  to  the  proposed 
change  from  the  district  to  the  general  ticket  system  of  represen 
tation,  which  seems  to  me  to  be  rather  to  change  the  mode  of 
representation  than  to  alter  the  manner  of  holding  elections. 

The  fifth  section  of  the  bill  is,  in  my  judgment,  unconstitutional 
in  this,  that  it  assumes  that  a  citizen  may  forfeit  his  right  of 
citizenship  by  adhering  to  the  enemy,  and  recognizes  the  right  of 
a  citizen  to  elect  to  be  a  citizen,  not  of  his  own  State,  but  of  the 
United  States,  a  foreign  nation.  This  directly  repudiates  State 
sovereignty  and  admits  that  a  citizen's  allegiance  to  his  State  may 
be  renounced  while  resident  therein. 

This  section  is  subject  also  to  the  objection  that  it  exercises  the 
power  of  prescribing  the  qualifications  of  voters,  which  belongs 
exclusively  to  the  States.  JEFFERSON  DAVIS. 

Richmond,  Va.,  May  ist,  1863. 

PROCLAMATIONS. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

It  is  meet  that,  as  a  people  who  acknowledge  the  supremacy  of 
the  living  God,  we  should  be  ever  mindful  of  our  dependence  on 
him;  should  remember  that  to  him  alone  can  we  trust  for  our 
deliverance;  that  to  him  is  due  devout  thankfulness  for  signal 
victories  bestowed  on  us,  and  that  by  prayer  alone  can  we  hope  to 
secure  the  continued  manifestation  of  that  protecting  care  which 
has  hitherto  shielded  us  in  the  midst  of  trials  and  danger.  In 
•obedience  to  his  precepts,  we  have  from  time  to  time  been 


First  Congress.  325 

gathered  together  with  prayers  and  thanksgiving,  and  he  has  been 
graciously  pleased  to  hear  our  supplications  and  to  grant  abundant 
exhibitions  of  his  favor  to  our  armies  and  our  people ;  through 
many  conflicts  we  have  now  attained  a  place  among  the  nations 
which  commands  their  respect,  and  to  the  enemy  who  encompass 
us  around,  and  seek  our  destruction,  the  Lord  of  hosts  has  again 
taught  the  lesson  of  his  inspired  word,  that  "the  battle  is  not  to 
the  strong,  but  to  whomsoever  he  willeth  to  exalt/'  Again  our 
enemy,  with  loud  boasting  of  the  power  of  their  armed  men  and 
mailed  ships,  threaten  us  with  subjugation  and  with  evil  machina 
tions  ;  seek  even  in  our  own  homes  and  at  our  own  firesides  to 
pervert  manservants  and  our  maidservants  into  accomplices  in 
their  wicked  designs.  Under  these  circumstances,  it  is  my  priv 
ilege  to  invite  you  once  more  to  meet  together  and  to  prostrate 
yourselves  in  humble  supplications  to  Him  who  has  been  our 
constant  and  never-failing  support  in  the  past,  and  to  whose  pro 
tection  and  guidance  we  trust  for  the  future.  To  this  end,  I, 
Jefferson  Davis,  President  of  the  Confederate  States  of  America, 
do  issue  this,  my  proclamation,  setting  apart  Friday,  the  27th 
day  of  March,  as  a  day  of  fasting,  humiliation,  and  prayer;  and 
I  do  invite  the  people  of  the  said  States  to  repair,  on  that  day, 
to  their  usual  places  of  public  worship,  and  to  join  in  prayer  to  Al 
mighty  God  that  he  will  continue  his  merciful  protection  over  our 
cause,  that  he  will  scatter  our  enemies,  set  at  naught  their  evil  de 
signs,  and  that  he  will  graciously  restore  to  our  beloved  country 
the  blessings  of  peace  and  security.  In  faith  whereof,  I  have  here- 
unto";  feet  my  hand,  at  the  city  of  Richmond,  on  the  2^th  day  of 
FebrtteTV,1  in  the  year  of  our  Lord  1863.  JEFFERSON  DAVIS. 
By' 'the  President: 

J.  P.  BENJAMIN,  Secretary  of  State. 

Bv  THE  PRESIDENT  OF  Tin-:  CONFEDERATE  STATES. 
A  PROCLAMATION. 

LETTERS  PATENT  REVOKING  EXEQUATUR  OF  GEORGE  MOORE,  HER 
BRITANNIC  MAJESTY'S  CONSUL  AT  RICHMOND 

To  All  Whom  It  May  Concern:  Whereas,  George  Moore,  Esq., 
Her  Britannic  Majesty's  Consul  for  the  port  of  Richmond  and 
State  of  Virginia  (duly  recognized  by  the  exequatur  issued  by  a 


326  Messages  and  Papers  of  the  Confederacy. 

former  Government,  which  was,  at  the  time  of  the  issue,  the  duly 
authorized  agent  for  that  purpose  of  the  State  of  Virginia),  did 
recently  assume  to  act  as  consul  for  a  place  other  than  the  city  of 
Richmond,  and  a  State  other  than  the  State  of  Virginia,  and  was, 
thereupon,  on  the  twentieth  day  of  February  last,  1863,  requested 
by  the  Secretary  of  State  to  submit  to  the  Department  of  State 
his  consular  commission,  as  well  as  any  other  authority  he  may 
have  received  to  act  in  behalf  of  the  Government  of  Her  Britannic 
Majesty,  before  further  correspondence  could  be  held  with  him 
as  Her  Majesty's  Consul  at  the  port  of  Richmond ;  and  whereas, 
the  said  George  Moore  has  lately,  without  acceding  to  said  re 
quest,  entered  into  correspondence,  as  Her  Majesty's  Consul,  with 
the  Secretary  of  War  of  these  Confederate  States,  thereby  disre 
garding  the  legitimate  authority  of  this  Government : 

These,  therefore,  are  to  declare  that  I  do  no  longer  recognize 
the  said  George  Moore  as  Her  Britannic  Majesty's  Consul  in  any 
part  of  these  Confederate  States,  nor  permit  him  to  exercise  or 
enjoy  any  of  the  functions,  powers,  or  privileges  allowed  to  the 
consuls  of  Great  Britain.  And  I  do  wholly  revoke  and  annul  any 
exequatur  heretofore  given  to  the  said  George  Moore  by  the  Gov 
ernment  which  was  formerly  authorized  to  grant  such  exequatur 
as  agent  of  the  State  of  Virginia,  and  do  declare  the  said  exe 
quatur  to  be  absolutely  null  and  void  from  this  day  forward. 

In  testimony  whereof,  I  have  caused  these  letters  to  be  made 
patent,  and  the  seal  of  the  Confederate  States  of  America  to  be 
herewith  affixed. 

Given  under  my  hand  this  fifth  day  of  June,  in  the 
[SEAL.]    year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
three.  JEFFERSON  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  it  is  provided  by  an  act  of  Congress  entitled  "An  Act 
to  further  provide  for  the  public  defense,"  approved  on  the  i6th 
day  of  April,  1862,  and  by  another  act  of  Congress  approved  on 
27th  of  September,  1862,  entitled  "An  Act  to  amend  an  act  en 
titled  'An  Act  to  provide  further  for  the  public  defense,'  approved 


First  Congress.  327 

i6th  of  April,  1862,"  that  the  President  be  authorized  to  call  out 
and  place  in  the  military  service  of  the  Confederate  States  for 
three  years,  unless  the  war  shall  have  been  sooner  ended,  all  white 
men  who  are  residents  of  the  Confederate  States  between  the  ages 
of  eighteen  and  forty-five  years  at  the  time  the  call  may  be  made, 
and  who  are  not  at  such  time  legally  exempted  from  military 
service,  or  such  part  thereof  as  in  his  judgment  may  be  necessary 
to  the  public  defense  ; 

And  whereas,  in  my  judgment  the  necessities  of  the  public  de 
fense  require  that  ever}-  man  capable  of  bearing  arms  between  the 
ages  aforesaid  should  now  be  called  out  to  do  his  duty  in  the  de 
fense  of  his  country,  and  in  driving  back  the  invaders  now  within 
the  limits  of  the  Confederacy : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confeder 
ate  States  of  America,  do,  by  virtue  of  the  powers  vested  in  me 
as  aforesaid,  call  out  and  place  in  the  military  service  of  the  Con 
federate  States  all  white  men  residents  of  said  States  between  the 
ages  of  eighteen  and  forty-five  years,  not  legally  exempted  from 
military  service,  and  I  do  hereby  order  and  direct  that  all  persons 
subject  to  this  call  and  not  now  in  the  military  service  do,  upon 
being  enrolled,  forthwith  repair  to  the  conscript  camps  estab 
lished  in  the  respective  States  of  which  they  may  be  residents, 
under  pain  of  being  held  and  punished  as  deserters  in  the  event 
of  their  failure  to  obey  this  call,  as  provided  in  said  laws.  And  I 
do  further  order  and  direct  that  the  enrolling  officers  of  the  sev 
eral  States  proceed  at  once  to  enroll  all  persons  embraced  within 
the  terms  of  this  proclamation  not  heretofore  enrolled.  And  I 
do  further  order  that  it  shall  be  lawful  for  any  person  embraced 
within  this  call  to  volunteer  for  service  before  enrollment,  and 
that  persons  so  volunteering  be  allowed  to  select  the  arm  of  serv 
ice  and  the  company  which  they  desire  to  join,  provided  such 
company  be  deficient  in  the  full  number  of  men  allowed  by  law 
for  its  organization. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
States  of  America,  at  the  city  of  Richmond,  this  fifteenth 
day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-three.  JEFFERSON  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 


328          Messages  and  Papers  of  the  Confederacy. 

BY  THE   PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Again  do  I  call  upon  the  people  of  the  Confederacy — a  people 
who  believe  that  the  Lord  reigneth  and  that  his  overruling  prov 
idence  ordereth  all  things — to  unite  in  prayer  and  humble  sub 
mission  under  his  chastening  hand,  and  to  beseech  his  favor  on  our 
suffering  country. 

It  is  meet  that  when  trials  and  reverses  befall  us  we  should 
seek  to  take  home  to  our  hearts  and  consciences  the  lessons  which 
they  teach,  and  profit  by  the  self-examination  for  which  they  pre 
pare  us.  Had  not  our  successes  on  land  and  sea  made  us  self- 
confident  and  forgetful  of  our  reliance  on  him ;  had  not  love  of 
lucre  eaten  like  a  gangrene  into  the  very  heart  of  the  land,  con 
verting  too  many  among  us  into  worshipers  of  gain  and  rendering 
them  unmindful  of  their  duty  to  their  country,  to  their  fellow- 
men,  and  to  their  God — who,  then,  will  presume  to  complain  that 
we  have  been  chastened  or  to  despair  of  our  just  cause  and  the  pro 
tection  of  our  Heavenly  Father  ? 

Let  us  rather  receive  in  humble  thankfulness  the  lesson  which 
he  has  taught  in  our  recent  reverses,  devoutly  acknowledging 
that  to  him,  and  not  to  our  own  feeble  arms,  are  due  the  honor  and 
glory  of  victory ;  that  from  him,  in  his  paternal  providence,  come 
the  anguish  and  sufferings  of  defeat,  and  that,  whether  in  victory 
or  defeat,  our  humble  supplications  are  due  at  his  footstool. 

Now,  therefore,  I,  Jefferson  Davis,  President  of  these  Confed 
erate  States,  do  issue  this,  my  proclamation,  setting  apart  Friday, 
the  twenty-first  day  of  August  ensuing,  as  a  day  of  fasting,  'humil 
iation,  and  prayer;  and  I  do  hereby  invite  the  people  of  ^He  Con 
federate  States  to  repair  on  that  day  to  their  respective  places  of 
public  worship,  and  to  unite  in  supplication  for  the  favoTf&nd  pro 
tection  of  that  God  who  has  hitherto  conducted  us  safely  through 
all  the  dangers  that  environed  us. 

In  faith  whereof,  I  have  hereunto  set  my  hand  and  the 
[SEAL  1  Seal  °f  tlie  Confederate  States,  at  Richmond,  this  twenty- 
fifth  day  of  July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-three.  JEFFERSON  DAVIS. 

By  the  President: 

J.  P.  BENJAMIN,  Secretary  of  State. 


First  Congress.  329 

BY  THE   PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A   PROCLAMATION. 

The  Soldiers  of  the  Confederate  States. 

After  more  than  two  years  of  warfare  scarcely  equaled  in  the 
number,  magnitude,  and  fearful  carnage  of  its  battles,  a  warfare 
in  which  your  courage  and  fortitude  have  illustrated  your  coun 
try  and  attracted  not  only  gratitude  at  home,  but  admiration 
abroad,  your  enemies  continue  a  struggle  in  which  our  final  tri 
umph  must  be  inevitable.  Unduly  elated  with  their  recent  suc 
cesses,  they  imagine  that  temporary  reverses  can  quell  your  spirit 
or  shake  your  determination,  and  they  are  now  gathering  heavy 
masses  for  a  general  invasion  in  the  vain  hope  that  by  a  desperate 
effort  success  may  at  length  be  reached. 

You  know  too  well,  my  countrymen,  what  they  mean  by  success. 
Their  malignant  rage  aims  at  nothing  less  than  the  extermination 
of  yourselves,  your  wives,  and  children.  They  seek  to  destroy 
what  they  cannot  plunder.  They  purpose  as  the  spoils  of  victory 
that  your  homes  shall  be  partitioned  among  the  wretches  whose 
atrocious  cruelties  have  stamped  infamy  on  their  Government. 
They  design  to  incite  servile  insurrection  and  light  the  fires  of 
incendiarism  wherever  they  can  reach  your  homes,  and  they  de 
bauch  the  inferior  race,  hitherto  docile  and  contented,  by  prom 
ising  indulgence  of  the  vilest  passions  as  the  price  of  treachery. 
Conscious  of  their  inability  to  prevail  by  legitimate  warfare,  not 
daring  to  make  peace  lest  they  should  be  hurled  from  their  seats 
of  power,  the  men  who  now  rule  in  Washington  refuse  even  to 
confer  on  the  subject  of  putting  an  end  to  outrages  which  disgrace 
our  age,  or  to  listen  to  a  suggestion  for  conducting  the  war  ac 
cording  to  the  usages  of  civilization. 

Fellow-citizens,  no  alternative  is  left  you  but  victory  or  sub 
jugation,  slavery,  and  the  utter  ruin  of  yourselves,  your  families, 
and  your  country.  The  victory  is  within  your  reach.  You  need 
but  stretch  forth  your  hands  to  grasp  it.  For  this  end  all  that  is 
necessary  is  that  those  who  are  called  to  the  field  by  every  motive 
that  can  move  the  human  heart  should  promptly  repair  to  the 
post  of  duty,  should  stand  by  their  comrades  now  in  front  of  the 
foe,  and  thus  so  strengthen  the  armies  of  the  Confederacv  as  to- 


330  Messages  and  Papers  of  the  Confederacy. 

insure  success.  The  men  now  absent  from  their  posts  would, 
if  present  in  the  field,  suffice  to  create  numerical  equality  between 
our  force  and  that  of  the  invaders ;  and  when  with  any  approach 
to  such  equality  have  we  failed  to  be  victorious?  I  believe  that 
but  few  of  those  absent  are  actuated  by  unwillingness  to  serve  their 
country,  but  that  many  have  found  it  difficult  to  resist  the  tempta 
tion  of  a  visit  to  their  homes  and  the  loved  ones  from  whom  they 
have  been  so  long  separated ;  that  others  have  left  for  temporary 
attention  to  their  affairs  with  the  intention  of  returning,  and 
then  have  shrunk  from  the  consequence  of  the  violation  of  duty; 
that  others  again  have  left  their  posts  from  mere  restlessness 
and  desire  of  change,  each  quieting  the  upbraidings  of  his  con 
science  by  persuading  himself  that  his  individual  services  could 
have  no  influence  on  the  general  result.  These  and  other  causes 
(although  far  less  disgraceful  than  the  desire  to  avoid  danger 
or  to  escape  from  the  sacrifices  required  by  patriotism)  are,  nev 
ertheless,  grievous  faults,  and  place  the  cause  of  our  beloved 
country  and  of  everything  we  hold  dear  in  imminent  peril. 

J  repeat  that  the  men  who  now  owe  duty  to  their  country,  who 
have  been  called  out  and  have  not  yet  reported  for  duty,  or  who 
have  absented  themselves  from  their  posts  are  sufficient  in  num 
ber  to  secure  us  victory  in  the  struggle  now  impending.  I  call  on 
you,  then,  my  countrymen,  to  hasten  to  your  camps  in  obedience 
to  the  dictates  of  honor  and  of  duty,  and  I  summon  those  who  have 
absented  themselves  without  leave,  or  who  have  remained  ab 
sent  beyond  the  period  allowed  by  their  furloughs,  to  repair  with 
out  delay  to  their  respective  commands ;  and  I  do  hereby  declare 
that  I  grant  a  general  pardon  and  amnesty  to  all  officers  and  men 
within  the  Confederacy  now  absent  without  leave  who  shall  with 
the  least  possible  delay  return  to  their  proper  posts  of  duty ;  but 
no  excuse  will  be  received  for  any  delay  beyond  twenty  days  after 
the  first  publication  of  this  proclamation  in  the  State  in  which  the 
absentee  may  be  at  the  date  of  publication.  This  amnesty  and  par 
don  shall  extend  to  all  who  have  been  accused,  or  who  have  been 
convicted  and  are  undergoing  sentence  for  absence  without  leave 
or  desertion,  excepting  only  those  who  haVe  been  twice  convicted 
of  desertion. 

Finally,  I  conjure  my  countrywomen,  the  wives,  mothers,  sisters, 
and  daughters  of  the  Confederacy,  to  use  their  all-powerful  in- 


First  Congress.  331 

fluence  in  aid  of  this  call,  to  add  one  crowning  sacrifice  to  those 
which  their  patriotism  has  so  freely  and  constantly  offered  on 
their  country's  altar,  and  to  take  care  that  none  who  owe  service 
in  the  field  shall  be  sheltered  at  home  from  the  disgrace  of 
having  deserted  their  duty  to  their  families,  to  their  country,  and 
to  their  God. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
[SEAL.]   States,  at  Richmond,  this  first  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-three. 

JEFFERSON  DAVIS. 
By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 

ADDRESSES. 
ADDRESS. 

To  the  People  of  the  Confederate  States. 

In  compliance  with  the  request  of  Congress,  contained  in  reso 
lutions  passed  on  the  4th  day  of  the  current  month,  I  invoke  your 
attention  to  the  present  condition  and  future  prospects  of  our 
country  and  to  the  duties  which  patriotism  imposes  on  us  all 
during  this  great  struggle  for  our  homes  and  our  liberties.  These 
resolutions  are  in  the  following  language : 

Whereas  a  strong  impression  prevails  through  the  country  that  the 
war  now  being  waged  against  the  people  of  the  Confederate  States  may 
terminate  during  the  present  year;  and  whereas,  this  impression  is  lead 
ing  many  patriotic  citizens  to  engage  largely  in  the  production  of  cotton 
and  tobacco,  which  they  would  not  otherwise  do;  and  whereas,  in  the 
opinion  of  Congress,  it  is  of  the  utmost  importance,  not  only  with  a  view 
to  the  proper  subsistence  of  our  armies,  but  the  interest  and  welfare 
of  all  the  people,  that  the  agricultural  labor  of  the  country  should  be 
employed  chiefly  in  the  production  of  a  supply  of  food  to  meet  every  con 
tingency  :  Therefore, 

Resolved  by  the  Congress  of  the  Confederate  States  of  America,  That  it 
is  the  deliberate  judgment  of  Congress  that  the  people  of  these  States, 
while  hoping  for  peace,  should  look  to  prolonged  war  as  the  only  con 
dition  proffered  by  the  enemy  short  of  subjugation;  that  every  prepara 
tion  necessary  to  encounter  such  a  war  should  be  persisted  in;  and  that 
the  amplest  supply  of  provisions  for  armies  and  people  should  be  the  first 
object  of  all  agriculturists ;  wherefore,  it  is  earnestly  recommended  that 
the  people,  instead  of  planting  cotton  and  tobacco,  shall  direct  their  agri- 


332  Messages  and  Papers  of  the  Confederacy. 

cultural  labor  mainly  to  the  production  of  such  crops  as  will  insure  a  suf 
ficiency  of  food  for  all  classes  and  for  every  emergency,  thereby  with  true 
patriotism  subordinating  the  hope  of  gain  to  the  certain  good  of  the  coun 
try. 

SEC.  2.  That  the  President  is  hereby  requested  to  issue  a  proclamation 
to  the  people  of  these  States  urging  upon  them  the  necessity  of  guarding 
against  the  great  perils  of  a  short  crop  of  provisions  and  setting  forth 
such  reasons  therefor  as  his  judgment  may  dictate. 

Fully  concurring  in  the  views  thus  expressed  by  the  Congress, 
I  confidently  appeal  to  your  love  of  country  for  aid  in  carrying 
into  effect  the  recommendations  of  your   Senators  and  Repre 
sentatives.    We  have  reached  the  close  of  the  second  year  of  the 
war,  and  may  point  with  just  pride  to  the  history  of  our  young 
Confederacy.     Alone,  unaided,  we  have  met  and  overthrown  the 
most  formidable  combination  of  naval  and  military  armaments 
that  the  lust  of  conquest  ever  gathered  together  for  the  subjuga 
tion  of  a  free  people.     We  began  this  struggle  without  a  single 
gun  afloat,  while  the  resources  of  our  enemy  enabled  them  to 
gather  fleets  which,  according  to  their  official  list  published  in 
August  last,  consisted  of  427  vessels,  measuring  340,036  tons  and 
carrying  3,268  guns.     Yet  we  have  captured,  sunk,  or  destroyed 
a  number  of  these  vessels,  including  two  large  frigates  and  one 
steam  sloop  of  war,  while  four  of  their  captured  steam  gunboats 
are  now  in  our  possession,  adding  to  the  strength  of  our  little 
Navy,  which  is  rapidly  gaining  in  numbers  and  efficiency.     To 
oppose  invading  forces  composed  of  levies  which  have  already 
exceeded  1,300,000  men,  we  had  no  resources  but  the  unconquer 
able  valor  of  a  people  determined  to  be  free,  and  we  were  so  des 
titute  of  military  supplies  that  tens  of  thousands  of  our  citizens 
were  reluctantly  refused  admission  into  the  service  from  our  in 
ability  to  provide  them  with  arms,  while  for  many  months  some 
of  our  important  strongholds  owed  their  safety  chiefly  to  a  care 
ful  concealment  of  the  fact  that  we  were  without  a  supply  of 
powder  for  our  cannon.     Your  devotion  and  patriotism  have  tri 
umphed  over  all  these  obstacles  and  called  into  existence  the  mu 
nitions  of  war,  the  clothing,  and  the  subsistence  which  have  en 
abled  our  soldiers  to  illustrate  their  valor  on  numerous  battle 
fields,  and  to  inflict  crushing  defeats  on  successive  armies,  each 
of  which  an  arrogant  foe  fondly  imagined  to  be  invincible. 


First  Congress.  333 

The  contrast  between  our  past  and  present  condition  is  well  cal 
culated  to  inspire  full  confidence  in  the  triumph  of  our  arms.  At 
no  previous  period  of  the  war  have  our  forces  been  so  numerous, 
so  well  organized,  and  so  thoroughly  disciplined,  armed,  and 
equipped  as  at  present.  The  season  of  high  water,  on  which  our 
enemies  relied  to  enable  their  fleets  of  gunboats  to  penetrate  into 
our  country  and  devastate  our  homes,  is  fast  passing  away ;  yet 
our  strongholds  on  the  Mississippi  still  bid  defiance  to  the  foe, 
and  months  of  costly  preparations  for  their  reduction  have  been 
spent  in  vain.  Disaster  has  been  the  result  of  their  every  effort  to 
turn  or  to  storm  Vicksburg  and  Port  Hudson,  as  well  as  of  every 
attack  on  our  batteries  on  the  Red  River,  the  Tallahatchie,  and 
other  navigable  streams.  Within  a  few  weeks  the  falling  waters 
and  the  increasing  heat  of  summer  will  complete  their  discom 
fiture  and  compel  their  baffled  and  defeated  forces  to  the  aban 
donment  of  expeditions  on  which  was  based  their  chief  hope  of 
success  in  effecting  our  subjugation.  We  must  not  forget,  how 
ever,  that  the  war  is  not  yet  ended,  and  that  we  are  still  confronted 
by  powerful  armies  and  threatened  by  numerous  fleets ;  and  that 
the  Government  which  controls  these  fleets  and  armies  is  driven 
to  the  most  desperate  efforts  to  effect  the  unholy  purposes  in 
which  it  has  thus  far  been  defeated.  It  will  use  its  utmost  energy 
to  arrest  the  impending  doom,  so  fully  merited  by  the  atrocities 
it  has  committed,  the  savage  barbarities  which  it  has  encouraged, 
and  the  crowning  infamy  of  its  attempt  to  excite  a  servile  popula 
tion  to  the  massacre  of  our  wives,  our  daughters,  and  our  helpless 
children.  With  such  a  contest  before  us  there  is  but  one  danger 
which  the  Government  of  your  choice  regards  with  apprehension, 
and  to  avert  this  danger  it  appeals  to  the  never-failing  patriotism 
and  spirit  of  self-sacrifice  which  you  have  exhibited  since  the  be 
ginning  of  the  war.  The  very  unfavorable  season,  the  protracted 
droughts  of  last  year,  reduced  the  harvests  on  which  we  depended 
far  below  an  average  yield,  and  the  deficiency  was  unfortunately 
still  more  marked  in  the  northern  portion  of  the  Confederacy, 
where  supplies  were  specially  needed  for  the  Army.  If  through 
a  confidence  in  early  peace,  which  may  prove  delusive,  our  fields 
should  be  now  devoted  to  the  production  of  cotton  and  tobacco 
instead  of  grain  and  live  stock,  and  other  articles  necessary  for 
the  subsistence  of  the  people  and  the  Army,  (he  consequences  may 


334  Messages  and  Papers  of  the  Confederacy. 

prove  serious,  if  not  disastrous,  especially  should  the  present 
season  prove  as  unfavorable  as  the  last. 

Your  country,  therefore,  appeals  to  you  to  lay  aside  all  thought 
of  gain,  and  to  devote  yourselves  to  securing  your  liberties,  with 
out  which  those  gains  would  be  valueless.  It  is  true  that  the 
wheat  harvest  in  the  more  southern  States,  which  will  be  gathered 
next  month,  promises  an  abundant  yield ;  but  even  if  this  promise 
be  fulfilled,  the  difficulty  of  transportation,  enhanced  as  it  has  been 
by  an  unusually  rainy  winter,  will  cause  embarrassments  in  mili 
tary  operations  and  suffering  among  the  people,  should  the  crops 
in  the  middle  and  northern  portions  of  the  Confederacy  prove  de 
ficient.  But  no  uneasiness  need  be  felt  in  regard  to  a  mere  supply 
of  bread  for  man.  It  is  for  the  large  amount  of  corn  and  forage 
required  for  the  raising  of  live  stock  and  for  the  supply  of  the 
animals  used  in  military  operations  that  your  aid  is  specially  re 
quired.  These  articles  are  too  bulky  for  distant  transportation, 
and  in  them  the  deficiency  in  the  last  harvest  was  most  felt.  Let 
fields  be  devoted  exclusively  to  the  production  of  corn,  oats,, 
beans,  peas,  potatoes,  and  other  food  for  man  and  beast ;  let  corn 
be  sown  broadcast  for  fodder  in  immediate  proximity  to  railroads, 
rivers,  and  canals,  and  let  all  your  efforts  be  directed  to  the 
prompt  supply  of  these  articles  in  the  districts  where  our  armies 
are  operating.  You  will  thus  add  greatly  to  their  efficiency  and 
furnish  the  means  without  which  it  is  impracticable  to  make 
those  prompt  and  active  movements  which  have  hitherto  stricken 
terror  into  our  enemies  and  secured  our  most  brilliant  triumphs. 

Having  thus  placed  before  you,  my  countrymen,  the  reasons 
for  the  call  made  on  you  for  aid  in  supplying  the  wants  of  the 
coming  year,  I  add  a  few  words  of  appeal  in  behalf  of  the  brave 
soldiers  now  confronting  your  enemies,  and  to  whom  your  Gov 
ernment  is  unable  to  furnish  all  the  comforts  they  so  richly  merit. 
The  supply  of  meat  for  the  Army  is  deficient.  This  deficiency  is 
only  temporary,  for  measures  have  been  adopted  which  will,  it  is 
believed,  soon  enable  us  to  restore  the  full  ration.  But  that  ration 
is  now  reduced  at  times  to  one-half  the  usual  quantity  in  some  of 
our  armies.  It  is  known  that  the  supply  of  meat  throughout  the 
country  is  sufficient  for  the  support  of  all,  but  the  distances  are  so 
great,  the  condition  of  the  roads  has  been  so  bad  during  the  five 
months  of  winter  weather  through  which  we  have-  just  passed, 


First  Congress.  335 

and  the  attempt  of  groveling  speculators  to  forestall  the  market 
and  make  money  out  of  the  lifeblood  of  our  defenders  have  so 
much  influenced  the  withdrawal  from  sale  of  the  surplus  in  the 
hands  of  the  producers  that  the  Government  has  been  unable  to 
gather  full  supplies. 

The  Secretary  of  War  has  prepared  a  plan,  which  is  appended 
to  this  address,  by  the  aid  of  which,  or  some  similar  means  to  be 
adopted  by  yourselves,  you  can  assist  the  officers  of  the  Govern 
ment  in  the  purchase  of  the  bacon,  the  pork,  and  the  beef  known 
to  exist  in  large  quantities  in  different  parts  of  the  country. 

Even  if  the  surplus  be  less  than  is  believed,  is  it  not  a  bitter  and 
humiliating  reflection  that  those  who  remain  at  home,  secure  from 
hardship  and  protected  from  danger,  should  be  in  the  enjoyment 
of  abundance,  and  that  their  slaves  also  should  have  a  full  supply 
of  food,  while  their  sons,  brothers,  husbands,  and  fathers  are 
stinted  in  the  rations  on  which  their  health  and  efficiency  depend  ? 

Entertaining  no  fear  that  you  will  either  misconstrue  the  mo 
tives  of  this  address  or  fail  to  respond  to  the  call  of  patriotism,  I 
have  placed  the  facts  fully  and  frankly  before  you.  Let  us  all 
unite  in  the  performance  of  our  duty,  each  in  his  sphere,  and  with 
concerted,  persistent,  and  well-directed  effort  there  seems  little 
reason  to  doubt  that  under  the  blessing  of  Him  to  whom  we  look 
for  guidance,  and  who  has  been  to  us  our  shield  and  our  strength, 
we  shall  maintain  the  sovereignty  and  independence  of  these  Con 
federate  States,  and  transmit  to  our  posterity  the  heritage  be 
queathed  to  us  by  our  fathers.  JEFFERSON  DAVIS. 

Executive  Office,  Richmond,  April  10,  1863. 

ADDRESS. 

HEADQUARTERS  ARM-Y  OF  TENNESSEE, 

October  14,  1863.  - 

Soldiers:  A  grateful  country  has  recognized  your  arduous  serv 
ice,  and  rejoiced  over  your  glorious  victory  on  the  field  of  Chicka- 
mauga.  When  your  countrymen  shall  more  fully  learn  the  ad 
verse  circumstances  under  which  you  attacked  the  enemy — though 
they  cannot  be  more  thankful — they  may  admire  more  the  gal 
lantry  and  patriotic  devotion  which  secured  your  success.  Repre 
sentatives  of  every  State  of  the  Confederacy,  your  steps  have  been 


336  Messages  and  Papers  of  the  Confederacy. 

followed  with  affectionate  solicitude  by  friends  in  every  portion  of 
the  country.  Defenders  of  the  heart  of  our  territory,  your  move 
ments  have  been  the  object  of  intensest  anxiety.  The  hopes  of  our 
cause  greatly  depend  upon  you,  and  happy  it  is  that  all  can  se 
curely  rely  upon  your  achieving  whatever,  under  the  blessing  of 
Providence,  human  power  can  effect. 

Though  you  have  done  much,  very  much  yet  remains  to  be 
done.  Behind  you  is  a  people  providing  for  your  support  and 
depending  on  you  for  protection.  Before  you  is  a  country  dev 
astated  by  your  ruthless  invader,  where  gentle  women,  feeble 
age,  and  helpless  infancy  have  been  subjected  to  outrages  without 
parallel  in  the  warfare  of  civilized  nations.  With  eager  eyes  they 
watch  for  your  coming  to  their  deliverance,  and  the  homeless 
refugee  pines  for  the  hour  when  your  victorious  arms  shall  re 
store  his  family  to  the  shelter  from  which  they  have  been  driven. 
Forced  to  take  up  arms  to  vindicate  the  political  rights,  the  free 
dom,  equality,  and  State  sovereignty  which  were  the  heritage  pur 
chased  by  the  blood  of  your  revolutionary  sires,  you  have  but  the 
alternative  of  slavish  submission  to  despotic  usurpation,  or  the 
independence  which  vigorous,  united,  persistent  effort  will  secure. 
All  which  fires  the  manly  breast,  nerves  the  patriot,  and  exalts  the 
hero,  is  present  to  stimulate  and  sustain  you.  . 

Nobly  have  you  redeemed  the  pledges  given  in  the  name  of 
freedom  to  the  memory  of  your  ancestors  and  the  rights  of  your 
posterity.  That  you  may  complete  the  mission  to  which  you  are 
devoted,  will  require  of  you  such  exertion  in  the  future  as  you 
have  made  in  the  past — continuance  in  the  patient  endurance  of 
toil  and  danger,  and  that  self-denial  which  rejects  every  consider 
ation  at  variance  with  the  public  service  as  unworthy  of  the  holy 
cause  in  which  you  are  engaged. 

When  the  war  shall  have  ended,  the  highest  meed  of  praise  will 
be  due,  and  probably  given,  to  him  who  has  claimed  least  for 
himself  in  proportion  to  the  service  he  has  rendered,  and  the  bit 
terest  self-reproach  which  may  hereafter  haunt  the  memory  of 
any  one  will  be  to  him  who  has  allowed  selfish  aspiration  to 
prevail  over  a  desire  for  the  public  good.  United  as  you  are  in 
a  common  destiny,  obedience  and  cordial  cooperation  are  essen 
tially  necessary,  and  there  is  no  higher  duty  than  that  which  re 
quires  each  to  render  to  all  what  is  due  to  their  station.  He  who 


First  Congress.  337 

sows  the  seeds  of  discontent  and  distrust  prepares  for  the  harvest 
of  slaughter  and  defeat.  To  zeal  you  have  added  gallantry;  to 
.gallantry,  energy;  to  energy,  fortitude.  Crown  these  with  har 
mony,  due  subordination,  and  cheerful  support  of  lawful  au 
thority,  that  the  measure  of  your  duty  may  be  full. 

I  fervently  hope  that  the  ferocious  war,  so  unjustly  waged 
against  our  country,  may  be  soon  ended,  that,  with  the  blessing 
of  peace,  you  may  be  restored  to  your  homes  and  the  useful  pur 
suits ;  and  I  pray  that  our  Heavenly  Father  may  cover  you  with 
the  shield  of  his  protection  in  the  hours  of  battle,  and  endow  you 
Avith  the  virtues  which  will  close  your  trials  in  victory  complete. 

JEFFERSON  DAVIS. 

RESOLUTIONS  OF  THANKS. 

1.  Resolved  by  the  Congress  of  the  Confederate  States  of  Amer 
ica,  That  the  bold,  intrepid,  and  gallant  conduct  of  Major  General 
J.    Bankhead    Magruder,    Colonel   Thomas    Green,    Major   Leon 
Smith,  and  other  officers,  and  of  the  Texan  Rangers  and  soldiers 
engaged  in  the  attack  on,  and  victory  achieved  over,  the  land  and 
naval  forces  of  the  enemy  at  Galvcston,  on  the  first  of  January, 
1863,  eminently  entitle  them  to  the  thanks  of  Congress  and  the 
country. 

2.  Resolved,   That  this  brilliant  achievement,   resulting,   under 
the  providence  of  God,  in  the  capture  of  the  war  steamer  "Harriet 
Lane"  and  the  defeat  and  ignominious  flight  of  the  hostile  fleet 
from  the  harbor,  the  recapture  of  the  city,  and  the  raising  of  the 
blockade  of  the  port  of  Galveston,  signally  evinces  that  superior 
force  may  be  overcome  by  skillful  conception  and  daring  courage. 

3.  Resolved,  That  the  foregoing  resolutions  be  communicated 
by  the  Secretary  of  War  to  Major  General  Magruder,  and  by  him 
to  his  command. 

Approved  February  25,  1863. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
cordially  given,  to  Brigadier  General  N.  B.  Forrest,  and  the  of 
ficers  and  men  under  his  command,  for  gallantry  and  successful 
enterprise  during  the  present  war,  and  especially  for  the  daring 

22 


338          Messages  and  Pampers  of  the  Confederacy. 

and  skill  exhibited  in  the  capture  of  Murfreesboro,  on  the  1 3th 
of  July  last,  and  in  subsequent  brilliant  achievements. 
Approved  May  i,  1863. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
General  John  H.  Morgan,  and  the  officers  and  men  of  his  com 
mand,  for  their  varied,  heroic,  and  invaluable  services  in  Tennessee 
and  Kentucky  immediately  preceding  the  battles  before  Murfrees 
boro,  services  which  have  conferred  upon  their  officers  fame  as  en 
during  as  the  records  of  the  struggle  which  they  have  so  brilliantly 
illustrated. 

Approved  May  I,  1^63. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
most  cordially  tendered,  to  General  G.  T.  Beauregard,  and  the 
officers  and  men  of  his  command,  engaged  in  the  affair,  for  their 
brilliant  and  signal  defeat  of  the  ironclad  fleet  of  the  enemy,  in 
the  harbor  of  Charleston,  on  the  seventh  of  April,  one  thousand 
eight  hundred  and  sixty-three. 

Resolved,  That  the  President  be  requested  to  communicate  this 
resolution  to  General  Beauregard  and  his  command. 

Approved  May  I,  1863. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
Major  Oscar  M.  Watkins,  and  the  officers  and  men  under  his 
command,  for  the  signal  victory  achieved  over  the  naval  forces  of 
the  United  States  at  Sabine  Pass,  on  the  twenty-first  of  January, 
eighteen  hundred  and  sixty-three,  resulting  in  the  dispersion  of 
the  blockading  squadron  of  the  enemy,  and  the  capture  of  two  of 
his  gunboats. 

Approved  May  I,  1863. 

Resofoed,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  Brigadier  General  Wheeler,  and  the  officers  and  men 
of  his  command,  for  their  daring  and  successful  attacks  upon  the 
enemy's  gunboats  and  transports  in  the  Cumberland  River. 

Approved  May  I,  1863. 


First  Congress,  339 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
the  officers  and  soldiers  engaged  in  the  defense  of  Fort  McAl 
lister,  Georgia,  on  the  first  of  February  and  third  of  March  last, 
for  the  gallantry  and  endurance  with  which  they  successfully  re 
sisted  the  attacks  of  the  ironclad  vessels  of  the  enemy. 

Resolved  further,  That  the  foregoing  resolution  be  communi 
cated  by  the  Secretary  of  War  to  the  General  commanding  the 
Department  of  South  Carolina,  Georgia,  and  Florida,  and  by  him 
to  be  made  known  in  appropriate  general  orders  to  the  officers 
and  troops  to  whom  it  is  addressed. 

Approved  May  i,  1863. 


APPOINTMENT  OF  VICE  PRESIDENT  STEPHENS  AS 
MILITARY  COMMISSIONER  TO  UNITED  STATES. 

TENDER  OF  SERVICES  BY  MR.  STEPHENS  TO  MR.  DAVIS. 

LIBERTY  HALL,  GA.,  June  12,  1863. 
Hon.  Jefferson  Davis,  Richmond,  Va. 

Dear  Sir:  I  have  just  seen  what  purports  to  be  a  letter  ad 
dressed  to  you  by  Major  General  D.  Hunter,  commanding  the 
Federal  forces  at  Port  Royal,  S.  C,  bearing  date  the  23d  of 
April  last.  Of  the  extraordinary  character  of  this  paper,  its  tone, 
temper,  and  import,  whether  genuine  or  not,  it  is  not  my  purpose 
to  speak.  It  may  be  a  forgery.*  All  I  know  of  it  is  from  its 
publication,  as  we  have  it  in  our  newspapers.  But  it  has  occurred 
to  me  if  it  be  genuine,  this,  together  with  other  matters  of  con 
troversy  I  see  likewise  in  the  papers,  in  relation  to  the  future 
exchange  of  certain  classes  of  prisoners  of  war,  may  necessarily 
lead  to  a  further  conference  with  the  authorities  at  Washington 
upon  the  whole  subject.  In  that  event  I  wish  to  say  to  you  briefly, 
that  if  you  think  my  services  in  such  a  mission  would  be  of  any 
avail  in  effecting  a  correct  understanding  and  agreement  between 
the  two  Governments  upon  those  questions  involving  such  serious 
consequences,  they  are  at  your  command. 

'•'''•Mr.  Stephens  states  that  "it  was  genuine,  and  of  a  character  not  much 
short  of  savage." 


340  Messages  and  Papers  of  the  Confederacy. 

You  will  remember  while  we  were  at  Montgomery,  when  the 
first  commissioners  were  sent  to  Washington  with  a  view  to 
settle  and  adjust  all  matters  of  difference  between  us  arid  the 
United  States,  without  a  resort"  to  arms,  you  desired  me  to  be 
one  of  those  clothed  with  this  high  and  responsible  trust.  I  then 
declined,  because  I  saw  no  prospect  of  success — did  not  think, 
upon  a  survey  of  the  whole  field,  that  I  could  effect  anything 
good  or  useful  in  any  effort  I  could  then  make  on  that  line.  You 
will  allow  me  now  to  say  that  at  this  time  I  think  possibly  I  might 
be  able  to  do  some  good  not  only  on  the  immediate  subject  in 
hand,  but  were  I  in  conference  with  the  authorities  at  Washington 
on  any  point  in  relation  to  the  conduct  of  the  war,  I  am  not  without 
hopes  that  indirectly  I  could  now  turn  attention  to  a  general  ad 
justment  upon  such  basis  as  might  ultimately  be  acceptable  to 
both  parties  and  stop  the  further  effusion  of  blood  in  a  contest 
so  irrational,  unchristian,  and  so  inconsistent  with  all  recognized 
American  principles. 

The  undertaking,  I  know,  would  be  a  great  one.  Its  magnitude 
and  responsibility  I  fully  realize.  I  might  signally  fail.  This  I 
also  fully  comprehend ;  but  still,  be  assured,  I  am  not  without 
some  hopes  of  success,  and  whenever  or  wherever  I  see  any  pros 
pect  of  the  possibility  of  being  useful  or  of  doing  good  I  am  pre 
pared  for  any  risk,  any  hazards,  and  all  responsibilities  commen 
surate  with  the  object.  Of  course,  I  entertain  but  one  idea  of  the 
basis  of  final  settlement  or  adjustment;  that  is,  the  recognition  of 
the  sovereignty  of  the  States  and  the  right  of  each  in  its  sov 
ereign  capacity  to  determine  its  own  destiny.  This  principle  lies 
at  the  foundation  of  the  American  system.  It  was  what  was 
achieved  in  the  first  war  of  Independence,  and  must  be  vindicated 
in  the  second.  The  full  recognition  of  this  principle  covers  all 
that  is  really  involved  in  the  present  issue.  That  the  Federal 
Government  is  yet  ripe  for  such  acknowledgment  I,  by  no  means, 
believe,  but  that  the  time  has  come  for  a  proper  presentation  of 
the  question  to  the  authorities  at  Washington  I  do  believe — such 
presentation  as  can  be  made  only  in  a  diplomatic  way.  While, 
therefore,  a  mission  might  be  dispatched  on  a  minor  point,  the 
greater  one  could  possibly,  with  prudence,  discretion,  and  skill,  be 
opened  to  view  and  brought  in  discussion  in  a  way  that  would  lead 
eventually  to  successful  results.  This  would  depend  upon  many 


First  Congress.  341 

circumstances,  but  no  little  upon  the  character  and  efficiency  of 
the  agent.  It  so  occurs  to  me,  and  so  feeling  I  have  been 
prompted  to  address  you  these  lines.  My  object  is,  solely,  to 
inform  you  that  I  am  ready  and  willing  to  undertake  such  a  mis 
sion  with  a  view  to  such  ulterior  ends,  if  any  fit  opportunity  offers 
in  the  present  state  of  our  affairs  in  relation  to  the  exchange  of 
prisoners,  or  any  other  matter  of  controversy  growing  out  of  the 
conduct  of  the  war,  and  if  also  you  should  be  of  opinion  that  I 
could  be  useful  in  such  position.  I  am  at  your  service,  heart  and 
soul,  at  any  post  you  may  assign  me  where  I  see  any  prospect  of 
aiding,  assisting,  or  advancing  the.  great  cause  we  are  engaged 
in  and  of  securing  with  its  success  the  blessings  of  permanent 
peace,  prosperity,  and  constitutional  liberty. 

Should  the  present  position  of  affairs  in  your  opinion  be  suitable, 
of  which  I  am  not  so  well  informed  as  you  are,  and  this  sugges 
tion  so  far  meet  your  approval  as  to  cause  you  to  wish  to  advise 
further  with  me  on  the  subject,  you  have  but  to  let  me  know; 
otherwise  no  reply  is  necessary,  and  none  will  be  expected. 

With  best  wishes  for  you  personally  and  our  common  country 
in  this  day  of  her  trial,  I  remain  yours,  etc., 

ALEXANDER  H.  STEPHENS. 


REPLY  OF  MR.  DAVIS. 

RICHMOND,  July  2,  1863. 
Hon.  Alexander  H.  Stephens,  Richmond,  Va. 

Sir:  Having  accepted  your  patriotic  offer  to  proceed  as  a  mili 
tary  commissioner  under  flag  of  truce  to  Washington,  you  will 
receive  herewith  your  letter  of  authority  to  the  Commander  in 
Chief  of  the  Army  and  Navy  of  the  United  States.  The  letter  is 
signed  by  me,  as  Commander  in  Chief  of  the  Confederate  land 
and  naval  forces. 

You  will  perceive  from  the  terms  of  the  letter  that  it  is  so 
worded  as  to  avoid  any  political  difficulties  in  its  reception.  In 
tended  exclusively  as  one  of  those  communications  between  bel 
ligerents  which  public  law  recognizes  as  necessary  and  proper 
between  hostile  forces,  care  has  been  taken  to  give  no  pretext  for 
refusing  to  receive  it  on  the  ground  that  it  would  involve  a  tacit 


342  Messages  and  Papers  of  the  Confederacy. 

recognition  of  the  independence  of  the  Confederacy.  Your  mis 
sion  is  simply  one  of  humanity,  and  has  no  political  aspect. 

If  objection  is  made  to  receiving  your  letter  on  the  ground 
that  it  is  not  addressed  to  Abraham  Lincoln  as  President,  instead 
of  Commander  in  Chief,  etc.,  then  you  will  present  the  duplicate 
letter  which  is  addressed  to  him  as  President  and  signed  by  me  as 
President.  To  this  letter  objection  may  be  made  on  the  ground 
that  I  am  not  recognized  to  be  President  of  the  Confederacy.  In 
this  event  you  will  decline  any  further  attempt  to  confer  on  the 
subject  of  your  mission,  as  such  conference  is  admissible  only  on 
the  footing  of  perfect  equality. 

My  recent  interviews  with  you  have  put  you  so  fully  in  pos 
session  of  my  views  that  it  is  scarcely  necessary  to  give  you  any 
detailed  instructions,  even  were  I  at  this  moment  well  enough  to 
attempt  it.  My  whole  purpose  is  in  one  word  to  place  this  war 
on  the  footing  of  such  as  are  waged  by  civilized  people  in  modern 
times,  and  to  divest  it  of  the  savage  character  which  has  been  im 
pressed  on  it  by  our  enemies,  in  spite  of  all  our  efforts  and  pro 
tests.  War  is  full  enough  of  unavoidable  horrors  under  all  its 
aspects  to  justify  and  even  to  demand  of  any  Christian  rulers  who 
may  be  unhappily  engaged  in  carrying  it  on  to  seek  to  restrict  its 
calamities  and  to  divest  it  of  all  unnecessary  severities.  You  will 
endeavor  to  establish  the  cartel  for  the  exchange  of  prisoners  on 
such  a  basis  as  to  avoid  the  constant  difficulties  and  complaints 
which  arise,  and  to  prevent  for  the  future  what  we  deem  the  un 
fair  conduct  of  our  enemies  in  evading  the  delivery  of  the  prison 
ers  who  fall  into  their  hands ;  in  retarding  it  by  sending  them  on 
circuitous  routes,  and  by  detaining  them  sometimes  for  months  in 
camps  and  prisons;  and  in  persisting  in  taking  captive  noncom- 
batants. 

Your  attention  is  called  also  to  the  unheard-of  conduct  of 
Federal  officers  in  driving  from  their  homes  entire  communities  of 
women  and  children,  as  well  as  of  men,  whom  they  find  in  districts 
occupied  by  their  troops,  for  no  other  reason  than  because  these 
unfortunates  are  faithful  to  the  allegiance  due  to  their  States, 
and  refuse  to  take  an  oath  of  fidelity  to  their  enemies. 

The  putting  to  death  of  unarmed  prisoners  has  been  a  ground 
of  just  complaint  in  more  than  one  instance ;  and  the  recent  exe 
cution  of  officers  of  our  army  in  Kentucky,  for  the  sole  cause  that 


First  Congress.  343 

they  were  engaged  in  recruiting  service  in  a  State  which  is  claimed 
as  still  one  of  the  United  States,  but  is  also  claimed  by  us  as  one 
of  the  Confederate  States,  must  be  repressed  by  retaliation  if  not 
unconditionally  abandoned,  because  it  would  justify  the  like  exe 
cution  in  every  other  State  of  the  Confederacy ;  and  the  practice 
is  barbarous,  uselessly  cruel,  and  can  only  lead  to  the  slaughter  of 
prisoners  on  both  sides — a  result  too  horrible  to  be  contemplated 
without  making  every  effort  to  avoid  it. 

On  these  and  all  kindred  subjects  you  will  consider  your  au 
thority  full  and  ample  to  make  such  arrangements  as  will  temper 
the-  present  cruel  character  of  the  contest,  and  full  confidence  is 
placed  in  your  judgment,  patriotism,  and  discretion  that,  while 
carrying  out  the  objects  of  your  mission,  you  will  take  care  that 
the  equal  rights  of  the  Confederacy  be  always  preserved. 

Very  respectfully,  JEFFERSON  DAVIS. 

LETTER  OF  PRESIDENT  DAVIS  TO  PRESIDENT  LINCOLN, 

HEADQUARTERS,  RICHMOND,  July  2,  1863. 

Sir:  As  Commander  in  Chief  of  the  land  and  naval  forces  now  waging 
war  against  the  United  States,  I  have  the  honor  to  address  this  communi 
cation  to  you,  as  Commander  in  Chief  of  their  land  and  naval  forces. 

Numerous  difficulties  and  disputes  have  arisen  in  relation  to  the  execu 
tion  of  the  cartel  of  exchange  heretofore  agreed  on  by  the  belligerents,  and 
the  commissioners  for  the  exchange  of  prisoners  have  been  unable  to  ad 
just  their  differences.  Their  action  on  the  subject  of  these  differences  is 
delayed  and  embarrassed  by  the  necessity  of  referring  each  subject  as  it 
arises  to  superior  authority  for  decision.  I  believe  that  I  have  just  grounds 
of  complaint  against  the  officers  and  forces  under  your  command  for 
breach  of  the  terms  of  the  cartel,  and,  being  myself  ready  to  execute  it  at 
all  times  in  good  faith,  I  am  not  justified  in  doubting  the  existence  of  the 
same  disposition  on  your  part. 

In  addition  to  this  matter,  I  have  to  complain  of  the  conduct  of  your 
officers  and  troops  in  many  parts  of  the  country,  who  violate  all  the  rules 
of  war  by  carrying  on  hostilities  not  only  against  armed  foes  but  against 
noncombatants,  aged  men,  women,  and  children ;  while  others  not  only 
seize  such  property  as  is  required  for  the  use  of  your  forces,  but  destroy 
all  private  property  within  their  reach,  even  agricultural  implements;  and 
openly  avow  the  purpose  of  seeking  to  subdue  the  population  of  the  dis 
tricts  where  they  are  operating  by  the  starvation  that  must  result  from  the 
destruction  of  standing  crops  and  agricultural  tools. 

Still,  again,  others  of  your  officers  in  different  districts  have  recently 
taken  the  lives  of  prisoners  who  fell  into  their  power,  and  justify  their 
act  by  asserting  a  right  to  treat  as  spies  the  military  officers  and  enlisted 


344  Messages  and  Papers  of  the  Confederacy. 

men  under  my  command,  who  may  penetrate  for  hostile  purposes  into- 
States  claimed  by  me  to  be  engaged  in  the  warfare  now  waged  against 
the  United  States,  and  claimed  by  the  latter  as  having  refused  to  engage 
in  such  warfare. 

I  have  heretofore,  on  different  occasions,  been  forced  to  make  complaint 
of  these  outrages,  and  to  ask  from  you  that  you  should  either  avow  or 
disclaim  having  authorized  them,  and  have  failed  tp  obtain  such  answer  as 
the  usages  of  civilized  warfare  require  to  be  given  in  such  cases. 

These  usages  justify,  and  indeed  require,  redress  by  retaliation  as  the 
/proper  means  of  repressing  such  cruelties  as  are  not  permitted  in  warfare 
between  Christian  peoples.  I  have,  notwithstanding,  refrained  from  the 
exercise  of  such  retaliation,  because  of  its  obvious  tendency  to  lead  to  a 
war  of  indiscriminate  massacre  on  both  sides,  which  would  be  a  spectacle 
so  shocking  to  humanity  and  so  disgraceful  to  the  age  in  which  we  live  and 
the  religion  we  profess  that  I  cannot  contemplate  it  without  a  feeling  of 
horror  that  I  am  disinclined  to  doubt  you  would  share. 

With  the  view,  then,  of  making  one  last  solemn  attempt  to  avert  such, 
calamities,  and  to  attest  my  earnest  desire  to  prevent  them,  if  it  be  pos 
sible,  I  have  selected  the  bearer  of  this  letter,  the  Hon.  Alexander  H. 
Stephens,  as  a  military  commissioner  to  proceed  to  your  headquarters  under 
flag  of  truce,  there  to  confer  and  agree  on  the  subjects  above  mentioned; 
and  I  do  hereby  authorize  the  said  Alexander  H.  Stephens  to  arrange  and 
settle  all  differences  and  disputes  which  may  have  arisen  or  may  arise  in 
the  execution  of  the  cartel  for  exchange  of  prisoners  of  war,  heretofore 
agreed  on  between  our  respective  land  and  naval  forces;  also  to  agree  to  any 
just  modification  that  may  be  found  necessary  to  prevent  further  misunder 
standings  as  to  the  terms  of  said  cartel;  and  finally  to  enter  into  such 
arrangement  or  understanding  about  the  mode  of  carrying  on  hostilities 
between  the  belligerents  as  shall  confine  the  severities  of  the  war  within 
such  limits  as  are  rightfully  imposed  not  only  by  modern  civilization  but 
by  our  common  Christianity. 

I  am,  very  respectfully,  your  obedient  servant, 

JEFFERSON  DAVIS, 
Commander  in  Chief  of  the  land  and  naval 

forces  of  the  Confederate  States. 

To  ABRAHAM  LINCOLN, 

Commander  in  Chief  of  the  land  and  naval  forces  of  the  United  States. 


REPLY  OF  THE  UNITED  STATES  GOVERNMENT. 

The  request  is  inadmissible.  The  customary  agents  and  chan 
nels  are  adequate  for  all  needful  military  communications  and 
conference  between  the  United  States  forces  and  the  insurgents. 


First  Congress.  345 

FOURTH  SESSION. 

MET    AT    RICHMOND,    VA.,    DECEMBER    7,     1863.       ADJOURNED    FEB 
RUARY    17,    1864. 

MESSAGES. 

RICHMOND,  VA.,  December  7,  1863. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

The  necessity  for  legislative  action  arising  out  of  the  important 
events  that  have  marked  the  interval  since  your  adjournment,  and 
my  desire  to  have  the  aid  of  your  counsel  on  other  matters  of  grave 
public  interest,  render  your  presence  at  this  time  more  than  ordi 
narily  welcome.  Indeed,  but  for  serious  obstacles  for  convoking 
you  in  extraordinary  session  and  the  necessity  for  my  own.  tempo 
rary  absence  from  the  seat  of  government,  I  would  have  invited 
you  to  an  earlier  meeting  than  that  fixed  at  the  date  of  your  ad 
journment. 

Grave  reverses  befell  our  arms  soon  after  your  departure  from 
Richmond.  Early  in  June  [July]  our  strongholds  at  Vicksburg 
and  Port  Hudson,  together  with  their  entire  garrisons,  capitulated 
to  the  combined  land  and  naval  forces  of  the  enemy.  The  impor 
tant  interior  position  of  Jackson  next  fell  into  their  temporary 
possession.  Our  unsuccessful  assault  upon  the  post  at  Helena  was 
followed  at  a  later  period  by  the  invasion  of  Arkansas,  and  the 
retreat  of  our  army  from  Little  Rock  gave  to  the  enemy  the  con 
trol  of  the  important  valley  in  which  it  is  situated. 

The  resolute  spirit  of  the  people  soon  rose  superior  to  the  tem 
porary  despondency  naturally  resulting  from  these  reverses.  The 
gallant  troops,  so  ably  commanded  in  the  States  beyond  the  Mis 
sissippi,  inflicted  repeated  defeats  on  the  invading  armies  in  Loui 
siana  and  on  the  coast  of  Texas.  Detachments  of  troops  and  ac 
tive  bodies  of  partisans  kept  up  so  effective  a  war  on  the  Missis 
sippi  River  as  practically  to  destroy  its  value  as  an  avenue  of  com 
merce. 

The  determined  and  successful  defense  of  Charleston  against 
the  joint  land  and  naval  operations  of  the  enemy  afforded  an  in 
spiring  example  of  our  ability  to  repel  the  attacks  even  of  the  iron 
clad  fleet  on  which  they  chiefly  rely,  while  on  the  northern  frontier 
our  success  was  still  more  marked. 


346  Messages  and  Papers  of  the  Confederacy. 

The  able  commander*  who  conducted  the  campaign  in  Virginia 
determined  to  meet  the  threatened  advance  on  Richmond,  for 
which  the  enemy  had  made  long  and  costly  preparations,  by  for 
cing  their  armies  to  cross  the  Potomac  and  fight  in  defense  of  their 
own  capital  and  homes.  Transferring  the  battlefield  to  their  own 
soil,  he  succeeded  in  compelling  their  rapid  retreat  from  Virginia, 
and  in  the  hard-fought  battle  of  Gettysburg  inflicted  such  severity 
of  punishment  as  disabled  them  from  early  renewal  of  the  cam 
paign  as  originally  projected.  Unfortunately  the  communications 
on  which  our  general  relied  for  receiving  his  supplies  of  muni 
tions  were  interrupted  by  extraordinary  floods,  which  so  swelled 
the  Potomac  as  to  render  impassable  the  fords  by  which  his  ad 
vance  had  been  made,  and  he  was  thus  forced  to  a  withdrawal, 
which  was  conducted  with  deliberation  after  securing  large  trains 
of  captured  supplies,  and  with  a  constant  and  unaccepted  tender 
of  battle.  On  more  than  one  occasion  the  enemy  has  since  made 
demonstrations  of  a  purpose  to  advance,  invariably  followed  by 
a  precipitate  retreat  to  intrenched  lines  on  the  approach  of  our 
forces. 

The  effective  check  thus  offered  to  the  advance  of  the  invaders 
at  all  points  was  such  as  to  afford  hope  of  their  early  expulsion 
from  portions  of  the  territory  previously  occupied  by  them,  when 
the  country  was  painfully  surprised  by  the  intelligence  that  the 
officerf  in  command  of  Cumberland  Gap  had  surrendered  that  im 
portant  and  easily  defensible  pass  without  firing  a  shot,  upon  the 
summons  of  a  force  still  believed  to  have  been  inadequate  to  its 
reduction,  and  when  reinforcements  were  in  supporting  distance 
and  had  been  ordered  to  his  aid.  The  entire  garrison,  including 
the  commander,  being  still  held  prisoners  by  the  enemy,  I  am 
unable  to  suggest  any  explanation  of  this  disaster,  which  laid  open 
Eastern  Tennessee  and  Southwestern  Virginia  to  hostile  opera 
tions  and  broke  the  line  of  communication  between  the  seat  of 
government  and  Middle  Tennessee.  This  easy  success  of  the 
enemy  was  followed  by  an  advance  of  General  Rosecrans  into 
Georgia;  and  our  army  evacuated  Chattanooga  and  availed  itself 
of  the  opportunity  thus  afforded  of  winning,  on  the  field  of 
Chickamauga,  one  of  the  most  brilliant  and  decisive  victories  of 

^Robert   E.  Lee.     tjohn   W.   Frazer. 


First  Congress. 

the  war.  This  signal  defeat  of  General  Rosecrans  was  followed 
by  his  retreat  into  Chattanooga,  where  his  imperiled  position  had 
the  immediate  effect  of  relieving  the  pressure  of  the  invasion  at 
other  points,  forcing  the  concentration  for  his  relief  of  large 
bodies  of  troops  withdrawn  from  the  armies  in  the  Mississippi 
Valley  and  in  Northern  Virginia.  The  combined  forces  thus  ac 
cumulated  against  us  in  Tennessee  so  greatly  outnumbered  our 
army  as  to  encourage  the  enemy  to  attack.  After  a  long  and  se 
vere  battle,  in  which  great  carnage  was  inflicted  on  him,  some  of 
our  troops  inexplicably  abandoned  a  position  of  great  strength, 
and  by  a  disorderly  retreat  compelled  the  commander*  to  withdraw 
the  forces  elsewhere  successful,  and  finally  to  retreat  with  his 
whole  army  to  a  position  some  twenty  or  thirty  miles  to  the  rear. 
It  is  believed  that  if  the  troops  who  yielded  to  the  assault  had 
fought  with  the  valor  which  they  had  displayed  on  previous  occa 
sions,  and  which  was  manifested  in  this  battle  on  the  other  parts  of 
the  line,  the  enemy  would  have  been  repulsed  with  very  great 
slaughter,  and  our  country  would  have  escaped  the  misfortune 
and  the  Army  the  mortification  of  the  first  defeat  that  has  resulted 
from  misconduct  by  the  troops.  In  the  meantime  the  army  of 
General  Burnside  was  driven  from  all  its  field  positions  in  East 
ern  Tennessee  and  forced  to  retreat  into  its  intrenchments  at 
Knoxville,  where  for  some  weeks  it  was  threatened  with  capture 
by  the  forces  under  General  Longstreet.  No  information  has 
reached  me  of  the  final  result  of  the  operations  of  our  commander, 
though  intelligence  has  arrived  of  his  withdrawal  from  that  place. 
While,  therefore,  our  success  in  driving  the  enemy  from  our 
soil  has  not  equaled  the  expectations  confidently  entertained  at 
the  commencement  of  the  campaign,  his  progress  has  been 
checked.  If  we  are  forced  to  regret  losses  in  Tennessee  and 
Arkansas,  we  are  not  without  ground  for  congratulation  on  suc 
cesses  in  Louisiana  and  Texas.  On  the  seacoast  he  is  exhausted 
by  vain  efforts  to  capture  our  ports,  while  on  the  northern  frontier 
he  has  in  turn  felt  the  pressure  and  dreads  the  renewal  of  in 
vasion.  The  indomitable  courage  and  perseverance  of  the  people 
in  the  defense  of  their  homes  have  been  nobly  attested  by  the 
unanimity  with  which  the  Legislatures  of  Virginia,  North  Caro- 

*Braxton  Bragg. 


348  Messages  and  Pafers  of  the  Confederacy. 

lina,  and  Georgia  have  recently  given  expression  to  the  popular 
sentiment,  and  like  manifestations  may  be  anticipated  from  all  the 
States.  Whatever  obstinacy  may  be  displayed  by  the  enemy  in 
his  desperate  sacrifices  of  money,  life,  and  liberty  in  the  hope  of 
enslaving  us,  the  experience  of  mankind  has  too  conclusively 
shown  the  superior  endurance  of  those  who  fight  for  home, 
liberty,  and  independence  to  permit  any  doubt  of  the  result. 

FOREIGN  RELATIONS. 

I  regret  to  inform  you  that  there  has  been  no  improvement  in 
the  state  of  our  relations  with  foreign  countries  since  my  mes 
sage*  in  January  last.  On  the  contrary,  there  has  been  a  still 
greater  divergence  in  the  conduct  of  European  nations  from  that 
practical  impartiality  which  alone  deserves  the  name  of  neutrality, 
and  their  action  in  some  cases  has  assumed  a  character  positively 
unfriendly. 

You  have  heretofore  been  informed  that  by  common  under 
standing  the  initiative  in  all  action  touching  the  contest  on  this 
continent  had  been  left  by  foreign  powers  to  the  two  great  mari 
time  nations  of  Western  Europe,  and  that  the  Governments  of 
these  two  nations  had  agreed  to  take  no  measures  without  previous 
concert.  The  result  of  these  arrangements  has,  therefore,  placed 
it  in  the  power  of  either  France  or  England  to  obstruct  at  pleasure 
the  recognition  to  which  the  Confederacy  is  justly  entitled,  or 
even  to  prolong  the  continuance  of  hostilities  on  this  side  of  the 
Atlantic,  if  the  policy  of  either  could  be  promoted  by  the  post 
ponement  of  peace.  Each,  too,  thus  became  possessed  of  great 
influence  in  so  shaping  the  general  exercise  of  neutral  rights  in 
Europe  as  to  render  them  subservient  to  the  purpose  of  aiding 
one  of  the  belligerents  to  the  detriment  of  the  other.  I  referred 
at  your  last  session  to  some  of  the  leading  points  in  the  course 
pursued  by  professed  neutrals  which  betrayed  a  partisan  leaning 
to  the  side  of  our  enemies,  but  events  have  since  occurred  which 
induce  me  to  renew  the  subject  in  greater  detail  than  was  then 
deemed  necessary.  In  calling  to  your  attention  the  action  of  those 
Governments,  I  shall  refer  to  the  documents  appended  to  Presi 
dent  Lincoln's  messages,  and  to  their  own  correspondence,  as 

*Page   276. 


First  Congress.  349 

disclosing  the  true  nature  of  their  policy  and  the  motives  which 
guided  it.  To  this  course  no  exception  can  be  taken,  inasmuch 
as  our  attention  has  been  invited  to  those  sources  of  information 
by  their  official  publication. 

In  May,  1861,  the  Government  of  Her  Britannic  Majesty  in 
formed  our  enemies  that  it  had  not  "allowed  any  other  than  an 
intermediate  position  on  the  part  of  the  Southern  States,"  and 
assured  them  "that  the  sympathies  of  this  country  [Great  Britain] 
were  rather  with  the  Xorth  than  with  the  South." 

On  the  ist  day  of  June,  1861,  the  British  Government  inter 
dicted  the  use  of  its  ports  "to  armed  ships  and  privateers,  both 
of  the  United  States  and  the  so-called  Confederate  States,"  with 
their  prizes.  The  Secretary  of  State  of  the  United  States  fully 
appreciated  the  character  and  motive  of  this  interdiction  when  he 
observed  to  Lord  Lyons,  who  communicated  it,  "that  this  measure 
and  that  of  the  same  character  which  had  been  adopted  by  France 
would  probably  prove  a  deathblow  to  Southern  privateering." 

Oixthe  I2th  of  June,  1861,  the  United  States  Minister  in  Lon 
don  informed  Her  Majesty's  Secretary  for  Foreign  Affairs  that 
the  fact  of  his  having  held  interviews  with  the  Commissioners  of 
this  Government  had  given  "great  dissatisfaction,"  and  that  a 
protraction  of  this  relation  would  be  viewed  by  the  United  States 
"as  hostile  in  spirit,  and  to  require  some  corresponding  action 
accordingly."  In  response  to  this  intimation  Her  Majesty's  Sec 
retary  assured  the  Minister  that  "he  had  no  expectation  of  seeing 
them  any  more." 

By  proclamation  issued  on  the  I9th  and  2/th  of  April,  1861, 
President  Lincoln  proclaimed  the  blockade  of  the  entire  coast  of 
the  Confederacy,  extending  from  the  Potomac  to  the  Rio  Grande, 
embracing,  according  to  the  returns  of  the  United  States  Coast 
Survey,  a  coast  line  of  3,549  statute  miles,  on  which  the  number 
of  rivers,  bays,  harbors,  inlets,  sounds,  and  passes  is  189.  The 
navy  possessed  by  the  United  States  for  enforcing  this  blockade 
was  stated  in  the  reports  communicated  by  President  Lincoln  to 
the  Congress  of  the  United  States  to  consist  of  twenty-four  ves 
sels  of  all  classes  in  commission,  of  which  half  were  in  distant 
seas.  The  absurdity  of  the  pretension  of  such  a  blockade  in  face 
of  the  authoritative  declaration  of  the  maritime  rights  of  neutrals 
made  at  Paris  in  1856  was  so  glaring  that  the  attempt  was  re- 


350  Messages  and  Papers  of  the  Confederacy. 

garded  as  an  experiment  on  the  forbearance  of  neutral  powers 
which  they  would  promptly  resist.  This  conclusion  was  justified 
by  the  facts  that  the  Governments  of  France  and  Great  Britain 
determined  that  it  was  necessary  for  their  interests  to  obtain  from 
both  belligerents  "securities  concerning  the  proper  treatment  of 
neutrals."  In  the  instructions  which  "confided  the  negotiations 
on  this  matter"  to  the  British  Consul  in  Charleston,  he  was  in 
formed  that  "the  most  perfect  accord  on  this  question  exists  be 
tween  Her  Majesty's  Government  and  the  Government  of  the 
Emperor  of  the  French,"  and  these  instructions  were  accompanied 
by  a  copy  of  the  dispatch  of  the  British  Foreign  Office  of  the 
i8th  May,  1861,  stating  that  there  was  rio  difference  of  opinion 
between  Great  Britain  and  the  United  States  as  to  the  validity 
of  the  principles  enunciated  in  the  fourth  article  of  the  declara 
tion  of  Paris  in  reference  to  blockades.  Your  predecessors  of  the 
Provisional  Congress  had,  therefore,  no  difficulty  in  proclaiming, 
nor  I  in  approving,  the  resolutions  which  abandoned  in  favor  of 
Great  Britain  and  France  our  right  to  capture  enemy's  property 
when  covered  by  the  flags  of  those  powers.  The  "securities" 
desired  by  these  Governments  were  understood  by  us  to  be  re 
quired  from  both  belligerents.  Neutrals  were  exposed  on  our 
part  to  the  exercise  of  the  belligerent  right  of  capturing  their 
vessels  when  conveying  the  property  of  our  enemies.  They  were 
exposed  on  the  part  of  the  United  States  to  interruption  in  their 
unquestioned  right  of  trading  with  us  by  the  declaration  of  the 
paper  blockade  above  referred  to.  We  had  no  reason  to  doubt 
the  good  faith  of  the  proposal  made  to  us,  nor  to  "suspect  that 
we  were  to  be  the  only  parties  bound  by  its  acceptance.  It  is  true 
that  the  instructions  of  the  neutral  powers  informed  their  agents 
that  it  was  "essential  under  present  circumstances  that  they  should 
act  with  great  caution  in  order  to  avoid  raising  the  question N  of 
the  recognition  of  the  new  Confederation,"  and  'that  the  under 
standing  on  the  subject  did  not  assume,  for  that  reason,  the  shape 
of  a  formal  convention.  But  it  was  not  deemed  just  by  us  to 
decline  the  arrangement  on  this  ground,  as  little  more  than  ninety 
days  had  then  elapsed  since  the  arrival  of  our  Commissioners  in 
Europe,  and  neutral  nations  were  fairly  entitled  to  a  reasonable 
delay  in  acting  on  a  subject  of  so  much  importance,  and  which 
from  their  point  of  view  presented  difficulties  that  we,  perhaps, 


First  Congress.  351 

did  not  fully  appreciate.  Certain  it  is  that  the  action  of  this  Gov 
ernment  on  the  occasion  and  its  faithful  performance  of  its  own 
engagements  have  been  such  as  to  entitle  it  to  expect  on  the  part 
of  those  who  sought  in  their  own  interests  a  mutual  understand 
ing  the  most  scrupulous  adherence  to  their  own  promises.  I  feel 
constrained  to  inform  you  that  in  this  expectation  we  have  been 
disappointed,  and  that  not  only  have  the  governments  which 
entered  into  these  arrangements  yielded  to  the  prohibition  against 
commerce  with  us  which  has  been  dictated  by  the  United  States  in 
defiance  of  the  law  of  nations,  but  that  this  concession  of  their 
neutral  rights  to  our  detriment  has  on  more  than  one  occasion 
been  claimed  in  intercourse  with  our  enemies  as  an  evidence  of 
friendly  feeling  toward  them.  A  few  extracts  from  the  cor 
respondence  of  Her  -Majesty's  Chief  Secretary  of  State  for  For 
eign  Affairs  will  suffice  to  show  marked  encouragement  to  the 
United  States  to  persevere  in  its  paper  blockade,  and  unmistakable 
intimations  that  Her  Majesty's  Government  would  not  contest 
its  validity. 

On  the  2ist  of  May,  1861,  Earl  Russell  pointed  out  to  the 
United  States  Minister  in  London  that  "the  blockade  might  no 
doubt  be  made  effective,  considering  the  small  number  of  harbors 
on  the  Southern  coast,  even  though  the  extent  of  3,000  miles 
were  comprehended  in  terms  of  that  blockade."  On  the  I4th  of 
January,  1862,  Her  Majesty's  Minister  in  Washington  communi 
cated  to  his  Government  that,  in  extenuation  of  the  barbarous 
attempt  to  destroy  the  port  of  Charleston  by  sinking  a  stone  fleet 
in  the  harbor,  Mr.  Seward  had  explained  "that  the  Government 
of  the  United  States  had  last  spring,  with  a  navy  very  little  pre 
pared  for  so  extensive  an  operation,  undertaken  to  blockade  up 
ward  of  3,000  miles  of  coast.  The  Secretary  of  the  Navy  had  re 
ported  that  he  could  stop  up  the  'large  holes'  by  means  of  his  ships, 
but  that  he  could  not  stop  up  the  'small  ones.'  It  had  been  found 
necessary,  therefore,  to  close  some  of  the  numerous  small  inlets 
by  sinking  vessels  in  the  channel." 

On  the  6th  of  May,  1862,  so  far  from  claiming  the  rights  of 
British  subjects  as  neutrals  to  trade  with  us  as  belligerents,  and 
to  disregard  the  blockade  on  the  ground  of  this  explicit  confession 
by  our  enemy  of  his  inability  to  render  it  effective,  Her  Majesty's 
Secretary  of  State  for  Foreign  Affairs  claimed  credit  with  the 


352  Messages  and  Papers  of  the  Confederacy. 

United  States  for  friendly  action  in  respecting  it.  His  Lordship 
stated  that  "the  United  States  Government,  on  the  allegation  of 
a  rebellion  pervading  from  nine  to  eleven  States  of  the  Union, 
have  now  for  more  than  twelve  months  endeavored  to  maintain  a 
blockade  of  3,000  miles  of  coast.  This  blockade,  kept  up  irregu 
larly,  but  when  enforced,  enforced  severely,  has  seriously  injured 
the  trade  and  manufactures  of  the  United  Kingdom.  Thousands 
are  now  obliged  to  resort  to  the  poor  rates  for  subsistence,  owing 
to  this  blockade.  Yet  Her  Majesty's  Government  have  never 
sought  to  take  advantage  of  the  obvious  imperfections  of  this 
blockade  in  order  to  declare  it  ineffective.  They  have,  to  the  loss 
and  detriment  of  the  British  nation,  scrupulously  observed  the 
duties  of  Great  Britain  toward  a  friendly  State." 

Again,  on  the  22d  of  September,  1862,  the  same  noble  earl  as 
serted  that  the  United  States  were  "very  far  indeed"  from  being 
in  "a  condition  to  ask  other  nations  to  assume  that  every  port  of 
the  coasts  of  the  so-styled  Confederate  States  is  effectively  block 
aded." 

When,  in  view  of  these  facts,  of  the  obligation  of  the  British 
nation  to  adhere  to  the  pledge  made  by  their  Government  at  Paris 
in  1856,  and  renewed  to  this  Confederacy  in  1861,  and  of  these 
repeated  and  explicit  avowals  of  the  imperfection,  irregularity, 
and  inefficiency  of  the  pretended  blockade  of  our  coast,  I  directed 
our  commissioner  at  London  to  call  upon  the  British  Government 
to  redeem  its  promise  and  to  withhold  its  moral  aid  and  sanction 
from  the  flagrant  violation  of  public  law  committed  by  our  ene 
mies,  we  were  informed  that  Her  Majesty's  Government  could 
not  regard  the  blockade  of  the  Southern  ports  as  having  been 
otherwise  than  "practically  effective"  in  February,  1862,  and  that 
"the  manner  in  which  it  has  since  been  enforced  gives  to  neutral 
governments  no  excuse  for  asserting  that  the  blockade  has  not 
been  efficiently  maintained."  We  were  further  informed,  when 
we  insisted  that  by  the  terms  of  our  agreement  no  blockade  was  to 
be  considered  effective  unless  "sufficient  really  to  prevent  access 
to  our  coast,"  "that  the  declaration  of  Paris  was,  in  truth,  direct 
ed  against  the  blockades  not  sustained  by  any  actual  force,  or 
sustained  by  a  notoriously  inadequate  force,  such  as  the  occa 
sional  appearance  of  a  man-of-war  in  the  offing,  or  the  like." 

It  was  impossible  that  this  mode  of  construing  an  agreement 


First  Congress.  353 

so  as  to  make  its  terms  mean  almost  the  reverse  of  what  they 
plainly  conveyed  could  be  considered  otherwise  than  as  a  noti 
fication  of  the  refusal  of  the  British  Government  to  remain  bound 
by  its  agreement  or  longer  to  respect  those  articles  of  the  declara 
tion  of  Paris  which  had  been  repeatedly  denounced  by  British 
statesmen  and  had  been  characterized  by  Earl  Russell  as  "very 
imprudent"  and  "most  unsatisfactory.'' 

If  any  doubt  remained  of  the  motives  by  which  the  British 
ministry  have  been  actuated  in  their  conduct,  it  would  be  com 
pletely  dissipated  by  the  distinct  avowals  and  explanations  con 
tained  in  the  published  speech  recently  made  by  Her  Majesty's 
Secretary  for  Foreign  Affairs.  In  commenting  on  the  remon 
strances  of  this  Government  against  the  countenance  given  to 
an  ineffective  blockade,  the  following  language  is  used : 

It  is  said  we  have,  contrary  to  the  declaration  of  Paris,  contrary  to  inter 
national  law,  permitted  the  blockade  of  3,000  miles  of  American  coast.  It 
is  quite  true  we  did  so,  and  the  presumable  cause  of  complaint  is  quite 
true,  that  although  the  blockade  is  kept  up  by  a  sufficient  number  of  ships, 
yet  these  ships  were  sent  into  the  U.  S.  Navy  in  a  hurry,  and  are  ill- 
fitted  for  the  purpose,  and  did  not  keep  up  so  completely  and  effectively 
as  was  required,  -an  effective  blockade. 

This  unequivocal  confession  of  violation,  both  of  agreement 
with  us  and  of  international  law,  is  defended  on  grounds  the  valid 
ity  of  which  we  submit  with  confidence  to  the  candid  judgment 
of  mankind. 

These  grounds  are  thus  stated : 

Still,  looking  at  the  law  of  nations,  it  was  a  blockade  we,  as  a  great 
belligerent  power  in  former  times,  should  have  acknowledged.  We  our 
selves  had  a  blockade  of  upward  of  2,000  miles,  and  it  did  seem  to  me  that 
we  were  bound  in  justice  to  the  Federal  States  of  America  to  acknowledge 
that  blockade.  But  there  was  another  reason  which  weighed  with  me. 
Our  people  were  suffering  severely  for  the  want  of  that  material  which  was 
the  main  staff  of  their  industry,  and  it  was  a  question  of  self-interest 
whether  we  should  not  break  the  blockade.  But  in  my  opinion  the  men  of 
England  would  have  been  forever  infamous  if,  for  the  sake  of  their  own 
interest,  they  had  violated  the  law  of  nations  and  made  war,  in  conjunction 
with  these  slaveholding  States  of  America,  against  the  Federal  States. 

In  the  second  of  these  reasons  our  rights  are  not  involved,  al 
though  it  may  be  permitted  to  observe  that  the  conduct  of  gov 
ernments  has  not  heretofore  to  my  knowledge  been  guided  by 
the  principle  that  it  is  infamous  to  assert  their  rights  whenever 

23 


354  Messages  and  Papers  of  the  Confederacy. 

the  invasion  of  those  rights  creates  severe  suffering  among  their 
people  and  injuriously  affects  great  interests.  But  the  intimation 
that  relations  with  these  States  would  be  discreditable  because  they 
are  slaveholding  would  probably  have  been  omitted  if  the  official 
personage  who  has  published  it  to  the  world  had  remembered 
that  these  States  were,  when  colonies,  made  slaveholding  by  the 
direct  exercise  of  the  power  of  Great  Britain,  whose  dependencies 
they  were,  and  whose  interests  in  the  slave  trade  were  then  sup 
posed  to  require  that  her  colonies  should  be  made  slaveholding. 

But  the  other  ground  stated  is  of  a  very  grave  character.  It 
asserts  that  a  violation  of  the  law  of  nations  by  Great  Britain  in 
1807,  when  that  Government  declared  a  paper  blockade  of  2,000 
miles  of  coast  (a  violation  then  defended  by  her  courts  and  jurists 
on  the  sole  ground  that  her  action  was  retaliatory),  affords  a  jus 
tification  for  a  similar  outrage  on  neutral  rights  by  the  United 
States  in  1861,  for  which  no  palliation  can  be  suggested;  and  that 
Great  Britain  "is  bound,  in  justice  to  the  Federal  States,"  to 
make  return  for  the  war  waged  against  her  by  the  United  States 
in  resistance  of  her  illegal  blockade  of  1807,  by  an  acquiescence 
in  the  Federal  illegal  blockade  of  1861.  The  most  alarming  fea 
ture  in  this  statement  is  its  admission  of  a  just  claim  on  the  part 
of  the  United  States  to  require  of  Great  Britain  during  this  war 
a  disregard  of  the  recognized  principles  of  modern  public  law 
and  of  her  own  compacts,  whenever  any  questionable  conduct  of 
Great  Britain,  "in  former  times,"  can  be  cited  as  a  precedent. 
It  is  not  inconsistent  with  respect  and  admiration  for  the  great 
people  whose  Government  have  given  us  this  warning,  to  suggest 
that  their  history,  like  that  of  mankind  in  general,  offers  excep 
tional  instances  of  indefensible  conduct  "in  former  times,"  and 
we  may  well  deny  the  morality  of  violating  recent  engagements 
through  deference  to  the  evil  precedents  of  the  past. 

After  defending,  in  the  manner  just  stated,  the  course  of  the 
British  Government  on  the  subject  of  the  blockade,  Her  Maj 
esty's  Foreign  Secretary  takes  care  to  leave  no  doubt  of  the  further 
purpose  of  the  British  Government  to  prevent  our  purchase  of 
vessels  in  Great  Britain,  while  supplying  our  enemies  with  rifles 
and  other  munitions  of  war,  and  states  the  intention  to  apply  to 
Parliament  for  the  furtherance  of  this  design.  He  gives  to  the 
United  States  the  assurance  that  he  will  do  in  their  favor  not  only 


First  Congress.  355 

"everything  that  the  law  of  nations  requires,  everything  that  the 
present  foreign  enlistment  act  requires,"  but  that  he  will  ask  the 
sanction  of  Parliament  "to  further  measures  that  Her  Majesty's 
ministers  may  still  add."  This  language  is  so  unmistakably  an 
official  exposition  of  the  policy  adopted  by  the  British  Government 
in  relation  to  our  affairs  that  the  duty  imposed  on  me  by  the  Con 
stitution  of  giving  you,  from  time  to  time,  "information  of  the 
state  of  the  Confederacy,"  would  not  have  been  performed  if  I 
had  failed  to  place  it  distinctly  before  you. 

I  refer  you  for  fuller  details  on  this  whole  subject  to  the  corre 
spondence  of  the  State  Department  which  accompanies  this  mes 
sage.  The  facts  which  I  have  briefly  narrated  are,  I  trust,  suffi 
cient  to  enable  you  to  appreciate  the  true  nature  of  the  neutrality 
professed  in  this  war.  It  is -not  in  my  power  to  apprise  you  to 
what  extent  the  Government  of  France  shares  the  views  so  unre 
servedly  avowed  by  that  of  Great  Britain,  no  published  correspond 
ence  of  the  French  Government  on  the  subject  having  been  re 
ceived.  No"  public  protest  nor  opposition,  however,  has  been 
made  by  His  Imperial  Majesty  against  the  prohibition  to  trade 
with  us  imposed  on  French  citizens  by  the  paper  blockade  of  the 
United  States,  although  I  have  reason  to  believe  that  an  unsuc 
cessful  attempt  was  made  on  his  part  to  secure  the  assent  of  the 
British  Government  to  a  course  of  action  more  consonant  with 
the  dictates  of  public  law  and  with  the  demands  of  justice  toward 
us. 

The  partiality  of  Her  Majesty's  Government  in  favor  of  our 
enemies  has  been  further  evinced  in  the  marked  difference  of  its 
conduct  on  the  subject  of  the  purchase  of  supplies  by  the  two 
belligerents.  This  difference  has  been  conspicuous  since  the 
very  commencement  of  the  war.  As  early  as  the  1st  of  May, 
1 86 1,  the  British  Minister  in  Washington  was  informed  by  the 
Secretary  of  State  of  the  United  States  that  he  had  sent  agents 
to  England,  and  that  others  would  go  to  France  to  purchase  arms ; 
and  this  fact  was  communicated  to  the  British  Foreign  Office, 
which  interposed  no  objection.  Yet  in  October  of  the  same  year 
Earl  Russell  entertained  the  complaint  of  the  United  States  Min 
ister  in  London  that  the  Confederate  States  were  importing  con 
traband  of  war  from  the  island  of  Nassau,  directed  inquiry  into 
the  matter,  and  obtained  a  report  from  the  authorities  of  the  island 


356  Messages  and  Papers  of  the  Confederacy. 

denying  the  allegations,  which  report  was  inclosed  to  Mr.  Adams 
and  received  by  him  as  satisfactory  evidence  to  dissipate  "the 
suspicion  naturally  thrown  upon  the  authorities  of  Nassau  by 
that  unwarrantable  act."  So,  too,  when  the  Confederate  Govern 
ment  purchased  in  Great  Britain,  as  a  neutral  country  (and  with 
strict  observance  both  of  the  law  of  nations  and  the  municipal 
law  of  Great  Britain),  vessels  which  were  subsequently  armed 
and  commissioned  as  vessels  of  war,  after  they  had  been  far  re 
moved  from  English  waters,  the  British  Government,  in  violation 
of  its  own  laws  and  in  deference  to  the  importunate  demands 
of  the  United  States,  made  an  ineffectual  attempt  to  seize  one 
vessel,  and  did  actually  seize  and  detain  another  which  touched 
at  the  island  of  Nassau  on  her  way  to  a  Confederate  port,  and 
subjected  her  to  an  unfounded  prosecution  at  the  very  time  when 
cargoes  of  munitions  of  war  were  being  openly  shipped  from 
British  ports  to  New  York,  to  be  used  in  warfare  against  us. 
Even  now  the  public  journals  bring  intelligence  that  the  British 
Government  has  ordered  the  seizure  in  a  British  port  of  two  ves 
sels,  on  the  suspicion  that  they  may  have  been  sold  to  this  Govern 
ment  and  may  be  hereafter  armed  and  equipped  in  our  service, 
while  British  subjects  are  engaged  in  Ireland  by 'tens  of  thousands 
to  proceed  to  the  United  States  for  warfare  against  the  Confed 
eracy,  in  defiance  both  of  the  law  of  nations  and  of  the  express 
terms  of  the  British  statutes,  and  are  transported  in  British  ships, 
without  an  effort  at  concealment,  to  the  ports  of  the  United  States, 
there  to  be  armed  with  rifles  imported  from  Great  Britain  and  to 
be  employed  against  our  people  in  a  war  for  conquest.  No  royal 
prerogative  is  invoked,  no  executive  interference  is  interposed 
against  this  flagrant  breach  of  municipal  and  international  law 
on  the  part  of  our  enemies,  while  strained  constructions  are  placed 
on  existing  statutes,  new  enactments  proposed,  and  questionable 
expedients  devised  for  precluding  the  possibility  of  purchase  by 
this  Government  of  vessels  that  are  useless  for  belligerent  pur 
poses,  unless  hereafter  armed  and  equipped  _outside  of  the  neu 
tral  jurisdiction  of  Great  Britain. 

For  nearly  three  years  this  Government  has  exercised  un 
questioned  jurisdiction  over  many  millions  of  willing  and  united 
people.  It  has  met  and  defeated  vast  armies  of  invaders,  who 
have  in  vain  sought  its  subversion.  Supported  by  the  confidence 


First  Congress.  357 

and  affection  of  its  citizens,  the  Confederacy  has  lacked  no  ele 
ment  which  distinguishes  an  independent  nation  according  to  the 
principles  of  public  law.  Its  legislative,  executive,  and  judicial 
Departments,  each  in  its  sphere,  have  performed  their  appro 
priate  functions  with  a  regularity  as  undisturbed  as  in  a  time  of 
profound  peace,  and  the  whole  energies  of  the  people  have  been 
developed  in  the  organization  of  vast  armies,  while  their  rights 
and  liberties  have  rested  secure  under  the  protection  of  courts 
of  justice.  This  Confederacy  is  either  independent  or  it  is  a  de 
pendency  of  the  United  States ;  for  no  other  earthly  power  claims 
the  right  to  govern  it.  Without  one  historic  fact  on  which  the 
pretension  can  rest,  without  one  line  or  word  of  treaty  or  cove 
nant  which  can  give  color  to  title,  the  United  States  have  asserted., 
and  the  British  Government  has  chosen  to  concede,  that  these 
sovereign  States  are  dependencies  of  the  Government  which  is 
administered  at  Washington.  Great  Britain  has  accordingly 
entertained  with  that  Government  the  closest  and  most  intimate 
relations,  while  refusing,  on  its  demands,  ordinary  amicable  in 
tercourse  with  us,  and  has.  under  arrangements  made  with  the 
other  nations  of  Europe,  not  only  denied  our  just  claim  of  admis 
sion  into  the  family  of  nations,  but  interposed  a  passive  though 
effectual  bar  to  the  knowledge  of  our  rights  by  other  powers.  So 
soon  as  it  had  become  apparent  by  the  declarations  of  the  British 
Ministers  in  the  debates  of  the  British  Parliament  in  July  last 
that  Her  Majesty's  Government  was  determined  to  persist  in 
definitely  in  a  course  of  policy  which  under  professions  of  neu 
trality  had  become  subservient  to  the  designs  of  our  enemy,  I 
felt  it  my  duty  to  recall  the  Commissioner  formerly  accredited 
to  that  Court,  and  the  correspondence  on  the  subject  is  submitted 
to  you. 

It  is  due  to  you  and  to  our  country  that  this  full  statement 
should  be  made  of  the  just  grounds  which  exist  for  dissatisfac 
tion  with  the  conduct  of  the  British  Government.  I  am  well  aware 
that  we  are  unfortunately  without  adequate  remedy  for  the  injus 
tice  under  which  we  have  suffered  at  the  hands  of  a  powerful  na 
tion,  at  a  juncture  when  our  entire  resources  are  absorbed  in  the 
defense  of  our  lives,  liberties,  and  independence,  against  an  enemy 
possessed  of  greatly  superior  numbers  and  material  resources. 
Claiming  no  favor,  desiring  no  aid,  conscious  of  our  own  ability 


358  Messages  and  Papers  of  the  Confederacy. 

to  defend  our  own  rights  against  the  utmost  efforts  of  an  infuri 
ate  foe,  we  had  thought  it  not  extravagant  to  expect  that  assist 
ance  would  be  withheld  from  our  enemies,  and  that  the  conduct 
of  foreign  nations  would  be  marked  by  a  genuine  impartiality 
between  the  belligerents.  It  was  not  supposed  that  a  professed 
neutrality  would  be  so  conducted  as  to  justify  the  Foreign  Secre 
tary  of  the  British  nation  in  explaining,  in  correspondence  with 
our  enemies,  how  "the  impartial  observance  of  neutral  obligations 
by  Her  Majesty's  Government  has  thus  been  exceedingly  advan 
tageous  to  the  cause  of  the  more  powerful  of  the  two  contending 
parties."  The  British  Government  may  deem  this  war  a  favorable 
occasion  for  establishing,  by  the  temporary  sacrifice  of  their  neu 
tral  rights,  a  precedent  which  will  justify  the  future  exercise 
of  those  extreme  belligerent  pretensions  that  their  naval  power 
renders  so  formidable.  The  opportunity  for  obtaining  the  tacit 
assent  of  European  governments  to  a  line  of  conduct  which  ig 
nores  the  obligations  of  the  declaration  of  Paris,  and  treats  that 
instrument  rather  as  a  theoretical  exposition  of  principle  than  a 
binding  agreement,  may  be  considered  by  the  British  ministry  as 
justifying  them  in  seeking  a  great  advantage  for  their  own  coun 
try  at  the  expense  of  ours.  But  we  cannot  permit,  without  pro 
test,  the  assertion  that  international  law  or  morals  regard  as  "im 
partial  neutrality"  the  conduct  avowed  to  be  "exceedingly  advan 
tageous"  to  one  of  the  belligerents. 

I  have  stated  that  we  are  without  adequate  remedy  against 
the  injustice  under  which  we  suffer.  There  are  but  two  measures 
that  seem  applicable  to  the  present  condition  of  our  relations  with 
neutral  powers.  One  is  to  imitate  the  wrong  of  which  we  com 
plain,  to  retaliate  by  the  declaration  of  a  paper  blockade  of  the 
coast  of  the  United  States,  and  to  capture  all  neutral  vessels 
trading  with  their  ports  that  our  cruisers  can  intercept  on  the 
high  seas.  This  measure  I  cannot  recommend.  It  is  true  that 
in  so  doing  we  should  but  follow  the  precedents  set  by  Great 
Britain  and  France  in  the  Berlin  and  Milan  decrees,  and  the 
British  orders  in  council  at  the  beginning  of  the  present  century. 
But  it  must  be  remembered  that  we  oufselves  protested  against 
those  very  measures  as  signal  violations  of  the  law  of  nations, 
and  declared  the  attempts  to  excuse  them  on  the  ground  of  their 
being  retaliatory  utterly  insufficient.  Those  blockades  are  now 


First  Congress.  359 

quoted  by  writers  on  public  law  as  a  standing  reproach  on  the 
good  name  of  the  nations  who  were  betrayed  by  temporary  exas 
peration  into  wrongdoing,  and  ought  to  be  regarded  rather  as 
errors  to  be  avoided  than  as  examples  to  be  followed. 

The  other  measure  is  not  open  to  this  objection.  The  second 
article  of  the  declaration  of  Paris,  which  provides  "that  the  neu 
tral  flag  covers  enemy's  goods,  with  the  exception  of  contraband 
of  war,"  was  a  new  concession  by  belligerents  in  favor  of  neutrals, 
and  not  simply  the  enunciation  of  an  acknowledged  preexisting 
rule  like  the  fourth  article,  which  referred  to  blockades.  To  this 
concession  we  bound  ourselves  by  the  convention  with  Great 
Britain  and  France,  which  took  the  shape  of  the  resolutions 
adopted  by  your  predecessors  on  the  I3th  of  August,  1861.  The 
consideration  tendered  us  for  that  concession  has  been  withheld. 
We  have  therefore  the  undeniable  right  to  refuse  longer  to  re 
main  bound  by  a  compact  which  the  other  party  refuses  to  ful 
fill.  But  we  should  not  forget  that  \var  is  but  temporary,  and  that 
we  desire  that  peace  shall  be  permanent.  The  future  policy  of  the 
Confederacy  must  ever  be  to  uphold  neutral  rights  to  their  full 
extent.  The  principles  of  the  declaration  of  Paris  commend  them 
selves  to  our  judgment  as  more  just,  more  humane,  and  more 
consonant  with  modern  civilization  than  those  belligerent  preten 
sions  which  great  naval  powers  have  heretofore  sought  to  intro 
duce  into  the  maritime  code.  To  forego  our  undeniable  right  to 
the  exercise  of  those  pretensions  is  a  policy  higher,  worthier  of  us 
and  our  cause,  than  to  revoke  our  adherence  to  principles  that  we 
approve.  Let  our  hope  for  redress  rest  rather  on  a  returning 
sense  of  justice  which  cannot  fail  to  awaken  a  great  people  to 
the  consciousness  that  the  war  in  which  we  are  engaged  ought 
rather  to  be  made  a  reason  for  forbearance  of  advantage  than  an 
occasion  for  the  unfriendly  conduct  of  which  we  make  just  com 
plaint. 

The  events  of  the  last  year  have  produced  important  changes  in 
the  condition  of  our  Southern  neighbor.  The  occupation  of  the 
capital  of  Mexico  by  the  French  army,  and  the  establishment  of  a 
provisional  government,  followed  by  a  radical  change  in  the  con 
stitution  of  the  country,  have  excited  lively  interest.  Although 
preferring  our  own  Government  and  institutions  to  those  of  other 
countries,  wre  can  have  no  disposition  to  contest  the  exercise  by 


360  Messages  and  Papers  of  the  Confederacy. 

them  of  the  same  right  of  self-government  which  we  assert  for 
ourselves.  If  the  Mexican  people  prefer  a  monarchy  to  a  republic, 
it  is  our  plain  duty  cheerfully  to  acquiesce  in  their  decision  and  to 
evince  a  sincere  and  friendly  interest  in  their  prosperity.  If,  how 
ever,  the  Mexicans  prefer  maintaining  their  former  institutions, 
we  have  no  reason  to  apprehend  any  obstacle  to  the  free  exercise 
of  their  choice.  The  Emperor  of  the  French  has  solemnly  dis 
claimed  any  purpose  to  impose  on  Mexico  a  form  of  government 
not  acceptable  to  the  nation ;  and  the  eminent  personage  to  whom 
the  throne  has  been  tendered  declines  its  acceptance  unless  the 
offer  be  sanctioned  by  the  suffrages  of  the  people.  In  either  event, 
therefore,  we  may  confidently  expect  the  continuance  of  those 
peaceful  relations  which  have  been  maintained  on  the  frontier, 
and  even  a  large  development  of  the  commerce  already  existing 
to  the  mutual  advantage  of  the  two  countries. 

It  has  been  found  necessary  since  your  adjournment  to  take 
action  on  the  subject  of  certain  foreign  Consuls  within  the  Con 
federacy.  The  nature  of  this  action  and  the  reasons  on  which  it 
was  based  are  so  fully  exhibited  in  the  correspondence  of  the  State 
Department,  which  is  transmitted  to  you,  that  no  additional  com 
ment  is  required. 

In  connection  with  this  subject  of  our  relations  with  foreign 
countries,  it  is  deemed  opportune  to  communicate  my  views  in 
reference  to  the  treaties  made  by  the  Government  of  the  United 
States  at  a  date  anterior  to  our  separation,  and  which  were  conse 
quently  binding  on  us  as  well  as  on  foreign  powers  when  the  sep 
aration  took  effect.  It  was  partly  with  a  view  to  entering  into 
such  arrangements, as  the  change  in  our  Government  had  made 
necessary  that  we  felt  it  our  duty  to  send  commissioners  abroad 
for  the  purpose  of  entering  into  the  negotiations  proper  to  fix  the 
relative  rights  and  obligations  of  the  parties  to  those  treaties.  As 
this  tender  on  our  part  has  been  declined,  as  foreign  nations  have 
refused  us  the  benefit  of  the  treaties  to  which  we  were  parties,  they 
certainly  have  ceased  to  be  binding  on  us,  and  in  my  opinion  our 
relations  with  European  nations  are  therefore  now  controlled  ex 
clusively  by  the  general  rules  of  the  law  of  nations.  It  is  proper 
to  add  that  these  remarks  are  intended  to  apply  solely  to  treaty 
obligations  toward  foreign  governments,  and  have  no  reference 
to  rights  of  individuals. 


First  Congress.  361 

FIXAXCES. 

The  state  of  the  public  finances  is  such  as  to  demand  your 
earliest  and  most  earnest  attention.  I  need  hardly  say  that  a 
prompt  and  efficacious  remedy  for  the  present  condition  of  the 
currency  is  necessary  for  the  successful  performance  of  the  func 
tions  of  government.  Fortunately  the  resources  of  our  country 
are  so  ample  and  the  spirit  of  our  people  so  devoted  to  its  cause 
that  they  are  ready  to  make  any  necessary  contribution.  Relief 
is  thus  entirely  within  our  reach  if  we  have  the  wisdom  to  legis 
late  in  such  manner  as  to  render  available  the  means  at  our  dis 
posal. 

At  the  commencement  of  the  war  we  were  far  from  anticipating 
the  magnitude  and  duration  of  the  struggle  in  which  we  were  en 
gaged.  The  most  sagacious  foresight  could  not  have  predicted 
that  the  passions  of  the  Northern  people  would  lead  them  blindly 
to  the  sacrifice  of  life,  treasure,  and  liberty  in  so  vain  a  hope  as  that 
of  subjugating  thirteen  independent  States  inhabited  by  many 
millions  of  people  whose  birthright  of  freedom  is  dearer  to  them 
than  life.  A  long  exemption  from  direct  taxation  by  the  General 
Government  had  created  an  aversion  to  its  raising  revenue  by  any 
other  means  than  by  duties  on  imports,  and  it  was  supposed  that 
these  duties  would  be  ample  for  current  peace  expenditure,  while 
the  means  for  conducting  the  war  could  be  raised  almost  exclu 
sively  by  the  use  of  the  public  credit. 

The  first  action  of  the  Provisional  Congress  was  therefore  con 
fined  to  passing  a  tariff  law,  and  to  raising  a  sum  of  $15,000,000 
by  loan,  with  a  pledge  of  a  small  export  duty  on  cotton  to  provide 
for  the  redemption  of  the  debt.  At  its  second  session  war  was 
declared  to  exist  between  the  Confederacy  and  the  United  States, 
and  provision  was  made  for  the  issue  of  $20,000,000  in  Treasury 
notes,  and  for  borrowing  $30,000,000  on  bonds.  The  tariff  was 
revised  and  preparatory  measures  taken  to  enable  Congress  to 
levy  internal  taxation  at  its  succeeding  session.  These  laws  were 
passed  in  May,  and  the  States  of  Virginia,  North  Carolina,  Ten 
nessee,  and  Arkansas  having  joined  the  Confederacy,  the  Con 
gress  adjourned  to  meet  in  the  city  of  Richmond  in  the  following 
month  of  July. 

Prior  to  the  assembling  of  your  predecessors  in  Richmond  at 
their  third  session,  near  the  end  of  July,  1861,  the  President  of  the 


362  Messages  and  Papers  of  the  Confederacy. 

United  States  had  developed  in  his  message  the  purpose  "to  make 
the  contest  a  short  and  a  decisive  one,"  and  had  called  on  Congress 
for  400,000  men  and  $400,000,000.  The  Congress  had  exceeded 
the  Executive  recommendation,  and  had  authorized  the  levy  of 
half  a  million  of  volunteers,  besides  largely  increasing  the  regular 
land  and  naval  forces  of  the  United  States.  The  necessity  thus 
first  became  urgent  that  a  financial  scheme  should  be  devised  on 
a  basis  sufficiently  large  for  the  vast  proportions  of  the  contest 
with  which  we  were  threatened.  Knowing  that  the  struggle,  in 
stead  of  being  ''short  and  decisive,"  wrould  be  indefinite  in  dura 
tion,  and  could  end  only  when  the  United  States  should  awaken 
from  their  delusion  of  conquest,  a  permanent  system  was  required 
fully  adapted  to  the  great  exigencies  before  us. 

The  plan  devised  by  Congress  at  that  time  was  based  on  the  the 
ory  of  issuing  Treasury  notes  convertible  at  the  pleasure  of  the 
holder  into  8  per  cent  bonds,  the  interest  of  which  was  to  be  paya 
ble  in  coin,  and  it  was  correctly  assumed  that  any  tendency  to  de 
preciation  that  might  arise  from  overissue  of  the  currency  would 
be  checked  by  the  constant  exercise  of  the  holder's  right  to  fund 
the  notes  at  a  liberal  interest,  payable  in  specie.  This  system  de 
pended  for  success  on  the  continued  ability  of  the  Government  to 
pay  the  interest  in  specie,  and  means  were  therefore  provided  for 
that  purpose  in  the  lawr  authorizing  the  issues.  An  internal  tax, 
termed  a  war  tax,  was  levied,  the  proceeds  of  which,  together  with 
the  revenue  from  imports,  were  deemed  sufficient  for  the  object 
designed.  This  scheme  required  for  its  operation  that  our  com 
merce  with  foreign  nations  should  not  be  suspended.  It  was  not 
to  be  anticipated  that  such  suspension  would  be  permitted  other 
wise  than  by  an  effective  blockade ;  and  it  \vas  absurd  to  suppose 
that  a  blockade  "sufficient  really  to  prevent  access"  to  our  entire 
coast  could  be  maintained. 

We  had  the  means,  therefore  (if  neutral  nations  had  not  com 
bined  to  aid  our  enemies  by  the  sanction  of  an  illegal  prohibition 
on  their  commerce) ,  to  secure  the  receipt  into  the  Treasury  of  coin 
sufficient  to  pay  the  interest  on  the  bonds,  and  thus  maintain  the 
Treasury  notes  at  rates  nearly  equal  to  par  in  specie.  So  long  as 
the  interest  continued  to  be  thus  paid  with  the  reserve  of  coin  pre 
existing  in  our  country,  experience  sustained  the  expectations  of 
those  who  devised  the  system.  Thus,  on  the  ist  of  the  following 


First  Congress.  363 

December  coin  had  reached  a  premium  of  only  about  20  per  cent, 
although  it  had  already  become  apparent  that  the  commerce  of  the 
country  was  threatened  with  permanent  suspension  by  reason  of 
the  conduct  of  neutral  nations,  and  that  the  necessary  result  must 
be  the  exhaustion  of  our  specie  reserve.  Wheat,  in  the  beginning 
of  the  year  1862,  was  selling  at  $1.30  per  bushel,  not  exceeding, 
therefore,  its  average  price  in  time  of  peace.  The  other  agricul 
tural  products  of  the  country  \vere  at  similar  moderate  rates,  thus 
indicating  that  there  was  no  excess  of  circulation,  and  that  the 
rate  of  premium  on  specie  was  heightened  by  the  exceptional 
causes  which  tended  to  its  exhaustion  without  the  possibility  of 
renewing  the  supply. 

This  review  of  the  policy  of  your  predecessors  is  given  in  justice 
to  them,  and  it  exhibits  the  condition  of  the  finances  at  the  date 
when  the  permanent  Government  was  organized. 

In  the  meantime  the  popular  aversion  to  internal  taxation  by  the 
General  Government  had  influenced  the  legislation  of  the  several 
States,  and  in  only  three  of  them,  South  Carolina,  Mississippi,  and 
Texas,  were  the  taxes  actually  collected  from  the  people.  The 
quotas  devolving  upon  the  remaining  States  had  been  raised  by 
the  issue  of  bonds  and  State  Treasury  notes,  and  the  public  debt 
of  the  country  was  thus  actually  increased  instead  of  being  dimin 
ished  by  the  taxation  imposed  by  Congress. 

Neither  at  the  first  nor  second  session  of  the  present  Congress 
were  means  provided  by  taxation  for  maintaining  the  Govern 
ment,  the  legislation  being  confined  to  authorizing  further  sales 
of  bonds  and  issues  of  Treasury  notes.  Although  repeated  efforts 
were  made  to  frame  a  proper  system  of  taxation,  you  were  con 
fronted  with  an  obstacle  which  did  not  exist  for  your  predecessors, 
and  which  created  grave  embarrassment  in  devising  any  scheme 
of  taxation.  About  twro-thirds  of  the  entire  taxable  property  of 
the  Confederate  States  consists  of  lands  and  slaves.  The  general 
power  of  taxation  vested  in  Congress  by  the  Provisional  Constitu 
tion  (which  was  to  be  only  temporary  in  its  operation)  was  not 
restricted  by  any  other  condition  than  that  "all  duties,  imposts, 
and  excises  should  be  uniform  throughout  the  States  of  the  Con 
federacy."  But  the  permanent  Constitution,  sanctioning  the  prin 
ciple  that  taxation  and  representation  ought  to  rest  on  the  same 
basis,  specially  provides  that  "representatives  and  direct  taxes 


364  Messages  and  Papers  of  the  Confederacy. 

shall  be  apportioned  among  the  several  States  according  to  their 
respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three-fifths 
of  all  slaves." 

It  was  further  ordered  that  a  census  should  be  made  within 
three  years  after  the  first  meeting  of  Congress,  and  that  "no  capi 
tation  or  other  direct  tax  shall  be  laid  unless  in  proportion  to  the 
census  or  enumeration  hereinbefore  directed  to  be  taken." 

It  is  plain  that  under  these  provisions  capitation  and  direct  taxes 
must  be  levied  in  proportion  to  the  census  when  made.  It  is  also 
plain  that  the  duty  is  imposed  on  Congress  to  provide  for  making 
a  census  prior  to  the  22d  of  February,  1865.  It  may  further  be 
stated  that  according  to  the  received  construction  of  the  Constitu 
tion  of  the  United  States  (a  construction  acquiesced  in  for  upward 
of  sixty  years)  taxes  on  lands  and  slaves  are  direct  taxes,  and  the 
conclusion  seems  necessarily  to  be  that,  in  repeating  without  mod 
ification  in  our  Constitution  this  language  of  the  Constitution  of 
1787,  our  convention  intended  to  attach  to  it  the  meaning  which 
had  been  sanctioned  by  long  and  uninterrupted  acquiescence. 

So  long  as  there  seemed  to  be  a  probability  of  being  able  to  carry 
out  these  provisions  of  the  Constitution  in  their  entirety  and  in 
conformity  with  the  intentions  of  its  authors  there  was  an  obvious 
difficulty  in  framing  any  system  of  taxation.  A  law  which  should 
exempt  from  the  burden  two-thirds  of  the  property  of  the  country 
would  be  as  unfair  to  the  owners  of  the  remaining  third  as  it 
would  be  inadequate  to  meet  the  requirements  of  the  public 
service. 

The  urgency  of  the  need  was  such,  however,  that  after  very 
great  embarrassment  and  more  than  three  months  of  assiduous 
labor  you  succeeded  in  framing  the  law  of  the  24th  April,  1863, 
by  which  you  sought  to  reach,  so  far  as  was  practicable,  every  re 
source  of  the  country  except  the  capital  invested  in  real  estate  and 
slaves,  and  by  means  of  an  income  tax  and  a  tax  in  kind  on  the 
produce  of  the  soil,  as  well  as  by  licenses  on  business  occupations 
and  professions,  to  command  resources  sufficient  for  the  wants  of 
the  country.  But  a  very  large  proportion  of  these  resources  could 
be  made  available  only  at  the  close  of  the  present  and  the  com 
mencement  of  the  ensuing  year,  while  the  intervening  exigencies 


First  Congress.  365 

permitted  no  delay.  In  this  state  of  affairs,  superinduced  almost 
unavoidably  by  the  fortunes  of  the  war  in  which  we  are  engaged, 
the  issues  of  Treasury  notes  have  been  increased  until  the  cur 
rency  in  circulation  amounts  to  more  than  $600,000,000,  or  more 
than  threefold  the  amount  required  by  the  business  of  the  coun 
try. 

I  need  not  enlarge  upon  the  evil  effects  of  this  condition  of 
things.  They  are  unfortunately  but  too  apparent.  In  addition  to 
the  difficulty  presented  to  the  necessary  operations  of  the  Govr 
ernment  and  the  efficient  conduct  of  the  war,  the  most  deplorable 
of  all  its  results  is  undoubtedly  its  corrupting  influence  on  the 
morals  of  the  people.  The  possession  of  large  amounts  of  Treas 
ury  notes  has  naturally  led  to  a  desire  for  investment,  and  with  a 
constantly  increasing  volume  of  currency  there  has  been  an  equal 
ly  constant  increase  of  price  in  all  objects  of  investment.  This 
effect  has  stimulated  purchase  by  the  apparent  certainty  of  profit, 
and  a  spirit  of  speculation  has  thus  been  fostered  which  has  so 
debasing  an  influence  and  such  ruinous  consequences  that  it  is  out- 
highest  duty  to  remove  the  cause,  and  no  measures  directed  to 
that  end  can  be  too  prompt  or  too  stringent. 

Reverting  to  the  constitutional  provisions  already  cited,  the 
question  recurs  whether  it  be  possible  to  execute  the  duty  of  ap 
portioning  taxation  in  accordance  with  the  census  ordered  to  be 
made  as  a  basis.  So  long  as  this  appeared  to  be  practicable,  none 
can  deny  the  propriety  of  your  course  in  abstaining  from  the  im 
position  of  direct  taxes  till  you  could  exercise  the  power  in  the  pre 
cise  mode  pointed  out  by  the  terms  of  the  fundamental  law.  But 
it  is  obvious  that  there  are  many  duties  imposed  by  the  Constitu 
tion  which  depend  for  their  fulfillment  on  the  undisturbed  pos 
session  of  the  territory  within  which  they  are  to  be  performed. 
The  same  instrument  which  orders  a  census  to  be  made  in  all  the 
States  imposes  the  duty  on  the  Confederacy  "to  guarantee  to  ev 
ery  State  a  republican  form  of  government."  It  enjoins  on  us 
"to  protect  each  State  from  invasion;"  and  while  declaring  that  its 
great  objects  and  purposes  are  "to  establish  justice,  insure  domes 
tic  tranquillity,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,"  it  confers  the  means  and  thereby  imposes  on 
us  the  paramount  duty  of  effecting  its  intent  by  "laying  and  col 
lecting  taxes,  imposts,  and  excises  necessary  to  pay  the  debts,  pro- 


366  Messages  and  Papers  of  the  Confederacy. 

vide  for  the  common  defense,  and  carry  on  the  Government  of  the 
Confederate  States." 

None  would  pretend  that  the  Constitution  is  violated  because^ 
by  reason  of  the  presence  of  hostile  armies,  we  are  unable  to  guar 
antee  a  republican  form  of  government  to  these  States  or  portions 
of  States  now  temporarily  held  by  the  enemy,  and  as  little  justice 
would  there  be  in  imputing  blame  for  the  failure  to  make  the  cen 
sus  when  that  failure  is  attributable  to  causes  not  foreseen  by  the 
authors  of  the  Constitution  and  beyond  our  control.  The  general 
intent  of  our  constitutional  charter  is  unquestionably  that  the 
property  of  the  country  is  to  be  taxed  in  order  to  raise  revenue 
for  the  common  defense,  and  the  special  mode  provided  for  levy 
ing  this  tax  is  impracticable  from  unforeseen  causes.  It  is  in  my 
judgment  our  primary  duty  to  execute  the  general  intent  ex 
pressed  by  the  terms  of  the  instrument  which  we  have  sworn  to 
obey,  and  we  cannot  excuse  ourselves  for  the  failure  to  fulfill  this 
obligation  on  the  ground  that  we  are  unable  to  perform  it  in  the 
precise  mode  pointed  out.  Whenever  it  shall  be  possible  to  ex 
ecute  our  duty  in  all  its  parts  we  must  do  so  in  exact  compliance 
with  the  whole  letter  and  spirit  of  the  Constitution.  Until  that 
period  shall  arrive  we  must  execute  so  much  of  it  as  our  condition 
renders  practicable.  Whenever  the  withdrawal  of  the  enemy  shall 
place  it  in  our  power  to  make  a  census  and  apportionment  of  di 
rect  taxes,  any  other  mode  of  levying  them  will  be  contrary  to  the 
will  of  the  lawgiver,  and  incompatible  with  our  obligation  to  obey 
that  will ;  until  that  period,  the  alternative  left  is  to  obey  the  para 
mount  precept  and  to  execute  it  according  to  the  only  other  rule 
provided,  which  is  to  "make  the  tax  uniform  throughout  the  Con 
federate  States." 

The  considerations  just  presented  are  greatly  enforced  by  the- 
reflection  that  any  attempt  to  apportion  taxes  amongst  States, 
some  of  which  are  wholly  or  partially  in  the  occupation  of  hostile 
forces,  would  subvert  the  whole  intention  of  the  framers  of  the 
Constitution,  and  be  productive  of  the  most  revolting  injustice 
instead  of  that  just  correlation  between  taxation  and  representa 
tion  which  it  was  their  purpose  to  secure.  With  large  portions  of 
some  of  the  States  occupied  by  the  enemy,  what  justice  would 
there  be  in  imposing  on  the  remainder  the  whole  amount  of  the 
taxation  of  the  entire  State  in  proportion  to  its  representation? 


First  Congress.  367 

What  else  would  this  be  in  effect  than  to  increase  the  burthen  of 
those  who  are  the  heaviest  sufferers  by  the  war,  and  to  make  our 
own  inability  to  protect  them  from  invasion,  as  we  are  required  to 
do  by  the  Constitution,  the  ground  for  adding  to  their  losses  by 
an  attempted  adherence  to  the  letter,  in  violation  of  the  spirit  of 
that  instrument?  No  such  purpose  could  have  been  entertained 
and  no  such  result  contemplated  by  the  framers  of  the  Constitu 
tion.  It  may  add  weight  to  these  considerations  if  we  reflect  that, 
although  the  Constitution  provided  that  it  should  go  into  operation 
with  a  representation  temporarily  distributed  among  the  States, 
it  expressly  ordains,  after  providing  for  a  census  within  three 
years,  that  this  temporary  distribution  of  representative  power  is 
to  endure  "until  such  enumeration  shall  be  made."  Would  any 
one  argue  that  because  the  census  cannot  be  made  within  the  fixed 
period  the  Government  must  at  the  expiration  of  that  period  perish 
for  want  of  a  representative  body?  In  any  aspect  in  which  the 
subject  can  be  viewed  I  am  led  to  the  conclusion  already  an 
nounced,  and  which  is  understood  to  be  in  accordance  with  a  vote 
taken  in  one  or  both  Houses  at  your  last  session.  I  shall,  there 
fore,  until  we  are  able  to  pursue  the  precise  mode  required  by  the 
Constitution,  deem  it  my  duty  to  approve  any  law  levying  the 
taxation  which  you  are  bound  to  impose  for  the  defense  of  the 
country  in  any  other  practicable  mode  which  shall  distribute  the 
burthen  uniformly  and  impartially  on  the  whole  property  of  the 
people. 

In  your  former  legislation  you  have  sought  to  avoid  the  increase 
in  the  volume  of  notes  in  circulation  by  offering  inducements  to 
voluntary  funding.  The  measures  adopted  for  that  purpose  have 
been  but  partially  successful,  and  the  evil  has  now  reached  such 
a  magnitude  as  to  permit  no  other  remedy  than  the  compulsory 
reduction  of  the  currency  to  the  amount  required  by  the  business 
of  the  country.  This  reduction  should  be  accompanied  by  a  pledge 
that  under  no  stress  of  circumstances  will  that  amount  be  exceeded. 
No  possible  mode  of  using  the  credit  of  the  Government  can  be  so 
disastrous  as  one  which  disturbs  the  basis  of  all  exchanges,  ren 
ders  impossible  all  calculations  of  future  values,  augments,  in  con 
stantly  increasing  proportions,  the  price  of  all  commodities,  and  so 
depreciates  all  fixed  wages,  salaries,  and  incomes  as  to  render  them 
inadequate  to  bare  subsistence.  If  to  these  be  added  the  still  more 


368  Messages  and  Papers  of  the  Confederacy. 

fatal  influence  on  the  morals  and  character  of  the  people,  to  which 
1  have  already  adverted,  I  am  persuaded  you  will  concur  in  the 
conclusion  that  an  inflexible  adherence  to  a  limitation  of  the  cur 
rency  at  a  fixed  sum  is  an  indispensable  element  of  any  system  of 
finance  now  to  be  adopted. 

The  holders  of  the  currency  now  outstanding  can  be  protected 
in  the  recovery  of  their  just  claims  only  by  substituting  for  their 
notes  some  other  security.  If  the  currency  is  not  greatly  and 
promptly  reduced,  the  present  scale  of  inflated  prices  will  not  only 
continue  to  exist,  but  by  the  very  fact  of  the  large  amounts  thus 
made  requisite  in  the  conduct  of  the  war  those  prices  will  reach 
rates  still  more  extravagant,  and  the  whole  system  will  fall  under 
its  own  weight,  thus  rendering  the  redemption  of  the  debt  im 
possible,  and  destroying  its  whole  value  in  the  hands  of  the  holder. 
If,  on  the  contrary,  a  funded  debt,  with  interest  secured  by  ade 
quate  taxation,  can  be  substituted  fgr  the  outstanding  currency, 
its  entire  amount  will  be  made  available  to  the  holder,  and  the 
Government  will  be  in  a  condition  enabling  it,  beyond  the  reach 
of  any  probable  contingency,  to  prosecute  the  war  to  a  successful 
issue.  It  is  therefore  demanded,  as  well  by  the  interest  of  the 
creditor  as  of  the  country  at  large,  that  the  evidences  of  the  pub 
lic  debt  now  outstanding  in  the  shape  of  Treasury  notes  be  con 
verted  into  bonds  bearing  adequate  interest,  with  a  provision  for 
taxation  sufficient  to  insure  punctual  payment  and  final  redemp 
tion  of  the  whole  debt. 

The  report  of  the  Secretary  of  the  Treasury  presents  the  out 
lines  of  a  system  which,  in  conjunction  with  existing  legislation, 
is  intended  to  secure  the  several  objects  of  a  reduction  of  the  cir 
culation  within  fixed,  reasonable  limits;  of  providing  for  the  fu 
ture  wants  of  the  Government;  of  furnishing  security  for  the 
punctual  payment  of  interest  and  final  extinction  of  the  principal 
of  the  public  debt,  and  of  placing  the  whole  business  of  the  coun 
try  on  a  basis  as  near  a  specie  standard  as  is  possible  during  the 
continuance  of  the  war.  I  earnestly  recommend  it  to  your  con 
sideration,  and  that  no  delay  be  permitted  to  intervene  before  your 
action  on  this  vital  subject.  I  trust  that  it  will  be  suffered  to 
engross  your  attention  until  you  shall  have  disposed  of  it  in  the 
manner  best  adapted  to  attain  the  important  results  which  your 
country  anticipates  from  your  legislation. 


first  Congress.  369 

It  may  be  added  that  in  considering  this  subject  the  people 
ought  steadily  to  keep  in  view  that  the  Government  in  contract 
ing  debt  is  but  their  agent;  that  its  debt  is  their  debt.  As  the 
currency  is  held  exclusively  by  ourselves,  it  is  obvious  that,  if 
each  person  held  Treasury  notes  in  exact  proportion  to  the  value  of 
his  means,  each  would  in  fact  owe  himself  the  amount  of  the  notes 
held  by  him ;  and  were  it  possible  to  distribute  the  currency  among 
the  people  in  this  exact  proportion,  a  tax  levied  on  the  currency 
alone  to  the  amount  sufficient  to  reduce  it  to  proper  limits  would 
afford  the  best  of  all  remedies.  Under  such  circumstances  the 
notes  remaining  in  the  hands  of  each  holder  after  the  payment  of 
his  tax  would  be  worth  quite  as  much  as  the  whole  sum  previously 
held,  for  it  would  purchase  at  least  an  equal  amount  of  commodi 
ties.  This  result  cannot  be  perfectly  attained  by  any  device  of 
legislation,  but  it  can  be  approximated  by  taxation.  A  tax  on 
all  values  has  for  its  effect  not  only  to  impose  a  due  share  of  the 
burden  on  the  note  holder,  but  to  force  those  who  have  few  or 
none  of  the  notes  to  part  with  a  share  of  their  possessions  to  those 
who  hold  the  notes  in  excess  in  order  to  obtain  the  means  of  satis 
fying  the  demands  of  the  taxgatherer.  This  is  the  only  mode 
by  which  it  is  practicable  to  make  all  contribute  as  equally  as  pos 
sible  in  the  burden  which  all  are  bound  to  share,  and  it  is  for  this 
reason  that  taxation  adequate  to  the  public  exigencies,  under 
our  present  circumstances,  must  be  the  basis  of  any  funding  sys 
tem  or  other  remedy  for  restoring  stability  to  our  finances. 

THE  ARMY. 

To  the  report  of  the  Secretary  of  War  you  are  referred  for  de 
tails  relative  to  the  condition  of  the  Army  and  the  measures  of 
legislation  required  for  maintaining  its  efficiency,  recruiting  its 
numbers,  and  furnishing  the  supplies  necessary  for  its  support. 

Though  we  have  lost  many  of  the  best  of  our  soldiers  and 
most  patriotic  of  our  citizens  (the  sad  but  unavoidable  result  of 
the  battles  and  toils  of  such  a  campaign  as  that  which  will  render 
the  year  1863  ever  memorable  in  our  annals),  the  Army  is  be 
lieved  to  be  in  all  respects  in  better  condition  than  at  any  previous 
period  of  the  war.  Our  gallant  defenders,  now  veterans,  familiar 
with  danger,  hardened  by  exposure,  and  confident  in  themselves 
and  their  officers,  endure  privations  with  cheerful  fortitude  and 
24 


370  Messages  and  Papers  of  the  Confederacy. 

welcome  battle  with  alacrity.  The  officers,  by  experience  in  field 
service  and  the  action  of  examining  boards  in  relieving  the  incom 
petent,  are  now  greatly  more  efficient  than  at  the  commencement 
of  the  war.  The  assertion  is  believed  to  be  fully  justified  that,  re 
garded  as  a  whole,  for  character,  valor,  efficiency,  and  patriotic 
devotion,  our  Army  has  not  been  equaled  by  any  like  number  of 
troops  in  the  history  of  war. 

In  view  of  the  large  conscription  recently  ordered  by  the  enemy 
and  their  subsequent  call  for  volunteers,  to  be  followed  if  ineffec 
tual  by  a  still  further  draft,  we  are  admonished  that  no  effort  must 
be  spared  to  add  largely  to  our  effective  force  as  promptly  as  pos 
sible.  The  sources  of  supply  are  to  be  found  by  restoring  to  the 
Army  all  who  are  improperly  absent,  putting  an  end  to  substi 
tution,  modifying  the  exemption  law,  restricting  details,  and 
placing  in  the  ranks  such  of  the  able-bodied  men  now  employed 
as  wagoners,  nurses,  cooks,  and  other  employees  as  are  doing 
service  for  which  the  negroes  may  be  found  competent. 

The  act  of  i6th  of  April,  1862,  provides  "that  persons  not  liable 
for  duty  may  be  received  as  substitutes  for  those  who  are,  under 
such  regulations  as  may  be  prescribed  by  the  Secretary  of  War." 
The  policy  of  granting  this  privilege  has  not  been  sustained  by 
experience.  Not  only  has  the  numerical  strength  of  the  Army 
been  seriously  impaired  by  the  frequent  desertions  for  which 
substitutes  have  become  notorious,  but  dissatisfaction  has  been 
excited  among  those  who  have  been  unable  or  unwilling  to  avail 
themselves  of  the  opportunity  thus  afforded  of  avoiding  the  mili 
tary  service  of  their  country. 

I  fully  concur  in  the  opinion  expressed  by  the  Secretary  that 
there  is  no  ground  for  the  objection  that  a  new  provision  to  in 
clude  those  who  furnished  substitutes  under  the  former  call  would 
be  a  breach  of  contract.  To  accept  a  substitute  was  to  confer  a 
privilege,  not  to  enter  into  a  contract,  and  whenever  the  substi 
tute  is  rendered  liable  to  conscription,  it  would  seem  to  follow 
that  the  principal,  whose  place  he  had  taken,  should  respond  for 
him,  as  the  Government  had  received  no  consideration  for  his  ex 
emption.  Where,  however,  the  new  provision  of  law  would  fail 
to  embrace  a  substitute  now  in  the  ranks,  there  appears,  if  the 
principal  should  again  be  conscribed,  to  be  an  equitable  ground  for 


First  Congress.  371 

compensation  to  the  conscript,  who  then  would  have  added  to  the 
service  a  soldier  not  otherwise  liable  to  enrollment. 

On  the  subject  of  exemptions,  it  is  believed  that  abuses  cannot 
be  checked  unless  the  system  is  placed  on  a  basis  entirely  different 
from  that  now  provided  by  law.  The  object  of  your  legislation  has 
been  not  to  confer  privileges  on  classes,  but  to  exonerate  from  mili 
tary  duty  such  number  of  persons  skilled  in  the  various  trades, 
professions,  and  mechanical  pursuits  as  could  render  more  valuable 
service  to  their  country  by  laboring  in  their  present  occupation 
than  by  going  into  the  ranks  of  the  Army.  The  policy  is  unques 
tionable,  but  the  result  would,  it  is  thought,  be  better  obtained  by 
enrolling  all  such  persons  and  allowing  details  to  be  made  of  the 
number  necessary  to  meet  the  wants  of  the  country.  Considerable 
numbers  are  believed  to  be  now  exempted  from  the  military  serv 
ice  who  are  not  needful  to  the  public  in  their  civil  vocation. 

Certain  duties  are  now  performed  throughout  the  country  by 
details  from  the  Army  which  could  be  as  well  executed  by  per 
sons  above  the  present  conscript  age.  An  extension  of  the  limit 
so  as  to  embrace  persons  over  forty-five  years  and  physically 
fit  for  service  in  guarding  posts,  railroads,  and  bridges,  in  appre 
hending  deserters,  and,  where  practicable,  assuming  the  place  of 
younger  men  detailed  for  duty  with  the  Xiter,  Ordnance,  Com 
missary,  and  Quartermaster's  Bureaus  of  the  War  Department, 
would,  it  is  hoped,  add  largely  to  the  effective  force  in  the  field 
without  an  undue  burden  on  the  population. 

If  to  the  above  measures  be  added  a  law  to  enlarge  the  policy 
of  the  act  of  the  2ist  of  April,  1862,  so  as  to  enable  the  Department 
to  replace  not  only  enlisted  cooks,  but  wagoners  and  other  employ 
ees  in  the  Army,  by  negroes,  it  is  hoped  that  the  ranks  of  the 
Army  will  be  so  strengthened  for  the  ensuing  campaign  as  to  put 
to  defiance  the  utmost  efforts  of  the  enemy. 

In  order  to  maintain  unimpaired  the  existing  organization  of 
the  Army  until  the  close  of  the  war,  your  legislation  contemplated 
a  frequent  supply  of  recruits^  and  it  was  expected  that  before  the 
expiration  of  the  three  years  for  which  the  men  were  enrolled 
under  act  of  i6th  of  April,  1862,  the  majority  of  men  in  each  com 
pany  would  consist  of  those  who  joined  it  at  different  dates  sub 
sequent  to  the  original  muster  of  the  company  into  service,  and 
that  the  discharge  of  those  who  had  completed  their  term  would  at 


372  Messages  and  Papers  of  the  Confederacy. 

no  time  be  sufficient  to  leave  the  company  with  a  less  number 
than  is  required  to  enable  it  to  retain  its  organization.  The  diffi 
culty  of  obtaining  recruits  from  certain  localities  and  the  large 
number  of  exemptions  from  military  service  granted  by  different 
laws  have  prevented  sufficient  accessions  in  many  of  the  compa 
nies  to  preserve  their  organizations  after  the  discharge  of  the 
original  members.  The  advantage  of  retaining  tried  and  well-ap 
proved  officers  and  of  mingling  recruits  with  experienced  soldiers 
is  so  obvious  and  the  policy  of  such  a  course  is>  so  clearly  indicated 
that  it  is  not  deemed  necessary  to  point  out  the  evil  consequences 
which  would  result  from  the  destruction  of  the  old  organizations, 
or  to  dwell  upon  the  benefits  to  be  secured  from  filling  up  the  vet 
eran  companies  as  long  before  the  discharge  of  the  earlier  mem 
bers  as  may  be  possible.  In  the  cases  where  it  may  be  found  im 
practicable  to  maintain  regiments  in  sufficient  strength  as  to  justi 
fy  the  retention  of  the  present  organization,  economy  and  efficien 
cy  would  be  promoted  by  consolidation  and  reorganization.  This 
would  involve  the  necessity  of  disbanding  a  part  of  the  officers 
and  making  regulations  for  securing  the  most  judicious  selection 
of  those  who  are  retained,  while  least  wounding  the  feelings  of 
those  who  are  discharged. 

Experience  has  shown  the  necessity  for  further  legislation  in 
relation  to  the  horses  of  the  cavalry.  Many  men  lose  their  horses 
by  casualties  of  service  which  are  not  included  in  the  provisions 
made  to  compensate  the  owner  for  the  loss,  and  it  may  thus  not 
unfrequently  happen  that  the  most  efficient  troopers,  without 
fault  of  their  own — indeed,  it  may  be  because  of  their  zeal  and 
activity — are  lost  to  the  cavalry  service. 

It  would  also  seem  proper  that  the  Government  should  have 
complete  control  over  every  horse  mustered  into  service,  with 
the  limitation  that  the  owner  should  not  be  deprived  of  his  horse 
except  upon  due  compensation  being  made  therefor.  Otherwise 
mounted  men  may  not  keep  horses  fit  for  the  service,  and  the 
question  whether  they  should  serve  mounted  or  on  foot  would 
depend  not  upon  the  qualifications  of  the  men,  but  upon  the  fact 
of  their  having  horses. 

Some  provision  is  deemed  requisite  to  correct  the  evils  arising 
from  the  long  -  continued  absence  of  commissioned  officers. 
Where  it  is  without  sufficient  cause,  it  would  seem  but  just  that 


i    UN-v 

*£ii 

First  Congress.  373 

the  commission  should  be  thereby  vacated.  Where  it  results 
from  capture  by  the  enemy,  which  under  their  barbarous  refusal  to 
exchange  prisoners  of  war  may  be  regarded  as  absence  for  an 
indefinite  time,  there  is  a  necessity  to  supply  their  places  in  their 
respective  commands.  This  might  be  done  by  temporary  appoint 
ments  to  endure  only  until  the  return  of  the  officers  regularly 
commissioned.  Where  it  results  from  permanent  disability  in 
curred  in  the  line  of  their  duty,  it  would  be  proper  to  retire  them 
and  fill  the  vacancies  according  to  established  mode.  I  would 
also  suggest  the  organization  of  an  invalid  corps,  and  that  the 
retired  officers  be  transferred  to  it.  Such  a  corps,  it  is  thought, 
could  be  made  useful  in  various  employments  for  which  efficient 
officers  and  troops  are  now  detached. 

An  organization  of  the  general  staff  of  the  Army  would  be 
highly  conducive  to  the  efficiency  of  that  most  important  branch 
of  the  service.  The  plan  adopted  for  the  military  establishment 
furnishes  a  model  for  the  staff  of  the  Provisional  Army,  if  it  be 
deemed  advisable  to  retain  the  distinction ;  but  I  recommend  to 
your  consideration  the  propriety  of  abolishing  it  and  providing 
for  the  organization  of  the  several  staff  corps  in  such  number  and 
with  such  rank  as  will  meet  all  the  wants  of  the  service.  To  se 
cure  the  requisite  ability  for  the  more  important  positions,  it  will 
be  necessary  to  provide  for  officers  of  higher  rank  than  is  now  au 
thorized  for  these  corps.  To  give  to  officers  the  proper  relation 
and  cointelligence  in  their  respective  corps,  and  to  preserve  in  the 
chief  of  each  the  influence  and  control  over  his  subordinates,  there 
should  be  no  gradation  on  the  basis  of  the  rank  of  the  general  with 
whom  they  might  be  serving  by  appointment.  To  the  personal 
staff  of  a  general  it  would  seem  proper  to  give  a  grade  corre 
sponding  with  his  rank,  and  the  number  might  be  fixed  to  cor 
respond  with  his  command.  To  avoid  the  consequence  of  dis 
charge  upon  a  change  of  duty  the  variable  portion  of  the  personal 
staff  might  be  taken  from  the  line  of  the  Army  and  allowed  to  re 
tain  their  line  commissions. 

The  disordered  condition  of  the  currency,  to  which  I  have  al 
ready  alluded,  has  imposed  on  the  Government  a  system  of  sup 
plying  the  wants  of  the  Army  which  is  so  unequal  in  its  operation, 
vexatious  to  the  producer,  injurious  to  the  industrial  interest, 
and  productive  of  such  discontent  among  the  people  as  only  to 


374  Messages  and  Papers  of  the  Confederacy. 

be  justified  by  the  existence  of  an  absolute  necessity.  The  report 
of  the  Secretary  on  this  point  establishes  conclusively  that  the 
necessity  which  has  forced  the  bureaus  of  supply  to  provide  for 
the  Army  by  impressment  has  resulted  from  the  impossibility  of 
purchase  by  contract  or  in  the  open  market,  except  at  such  rapidly 
increased  rates  as  would  have  rendered  the  appropriations  inade 
quate  to  the  wants  of  the  Army.  Indeed,  it  is  believed  that  the 
temptation  to  hoard  supplies  for  the  higher  prices  which  could  be 
anticipated  with  certainty  has  been  checked  mainly  by  fear  of  the 
operation  of  the  impressment  law,  and  that  commodities  have 
been  offered  in  the  markets  principally  to  escape  impressment  and 
obtain  higher  rates  than  those  fixed  by  appraisement.  The  com 
plaints  against  this  vicious  system  have  been  well  founded,  but 
the  true  cause  of  the  evil  has  been  misapprehended.  The  remedy 
is  to  be  found  not  in  a  change  of  the  impressment  law,  but  in  the 
restoration  of  the  currency  to  such  a  basis  as  will  enable  the  De 
partment  to  purchase  necessary  supplies  in  the  open  market,  and 
thus  render  impressment  a  rare  and  exceptionable  process. 

The  same  remedy  will  effect  the  result,  universally  desired,  of 
an  augmentation  of  the  pay  of  the  Army.  The  proposals  made 
at  your  previous  sessions  to  increase  the  pay  of  the  soldier  by  an 
additional  amount  of  Treasury  notes  would  have  conferred  little 
benefit  on  him,  but  a  radical  reform  of  the  currency  will  restore 
the  pay  to  a  value  approximating  that  which  it  originally  had,  and 
materially  improve  his  condition. 

The  reports  from  the  Ordnance  and  Mining  Bureaus  are  very 
gratifying,  and  the  extension  of  our  means  of  supply  of  arms  and 
munitions  of  war  from  our  home  resources  has  been  such  as  to 
insure  our  ability  soon  to  become  mainly,  if  not  entirely,  independ 
ent  of  supplies  from  foreign  countries.  The  establishments  for 
the  casting  of  guns  and  projectiles,  for  the  manufacture  of  small 
arms  and  of  gunpowder,  for  the  supply  of  niter  from  artificial 
niter  beds,  and  mining  operations  generally,  have  been  so  dis 
tributed  through  the  country  as  to  place  our  resources  beyond  the 
reach  of  partial  disasters. 

The  recommendations  of  the  Secretary  of  War  on  other  points 
are  minutely  detailed  in  his  report,  which  is  submitted  to  you, 
and,  extending  as  they  do  to  almost  every  branch  of  the  service, 
merit  careful  consideration. 


First  Congress.  375 

EXCHANGE  OF  PRISONERS. 

I  regret  to  inform  you  that  the  enemy  has  returned  to  the  bar 
barous  policy  with  which  they  inaugurated  the  war,  and  that  the 
exchange  of  prisoners  has  been  for  some  time  suspended.*  The 
correspondence  of  the  commissioners  of  exchange  is  submitted  to 
you  by  the  Secretary  of  War,  and  it  has  already  been  published 
for  the  information  of  all  now  suffering  useless  imprisonment. 
The  conduct  of  the  authorities  of  the  United  States  has  been  con 
sistently  perfidious  on  this  subject.  An  agreement  for  exchange 
in  the  incipiency  of  the  war  had  just  been  concluded  when  the 
fall  of  Fort  Donelson  reversed  the  previous  state  of  things  and 
gave  them  an  excess  of  prisoners.  This  agreement  was  immedi 
ately  repudiated  by  them,  and  so  remained  until  the  fortune  of  war 
again  placed  us  in  possession  of  the  larger  number.  A  new  cartel 
was  then  made ;  and  under  it,  for  many  months,  we  restored  to 
them  many  thousands  of  prisoners  in  excess  of  those  whom  they 
•held  for  exchange,  and  encampments  of  the  surplus  paroled  pris- 
-  oners  delivered  up  by  us  were  established  in  the  United  States, 
where  the  men  were  able  to  receive  the  comforts  and  solace  of 
constant  communication  with  their  homes  and  families.  In  July 
last  the  fortune  of  war  again  favored  the  enemy,  and  they  were 
enabled  to  exchange  for  duty  the  men  previously  delivered  to 
them  against  those  captured  and  paroled  at  Vicksburg  and  Port 
Hudson.  The  prisoners  taken  at  Gettysburg,  however,  remained 
in  their  hands,  and  should  have  been  at  once  returned  to  our 
lines  on  parole,  to  await  exchange.  Instead  of  executing  a 
duty  imposed  by  the  plainest  dictates  of  justice  and  good  faith, 
pretexts  were  instantly  sought  for  holding  them  in  permanent 
captivity.  General  orders  rapidly  succeeded  each  other  from  the 
bureaus  at  Washington,  placing  new  constructions  on  an  agree 
ment  which  had  given  rise  to  no  dispute  while  we  retained  the 
advantage  in  the  number  of  prisoners.  With  a  disregard  of  hon 
orable  obligations  almost  unexampled,  the  enemy  did  not  hesitate, 
in  addition  to  retaining  the  prisoners  captured  by  them,  to  de- 

*See  page  339  for  correspondence  which  resulted  in  the  appointment 
of  Vice  President  Stephens  as  military  commissioner  to  United  States  for 
purpose  of  settling  differences  arising  in  the  execution  of  the  cartel  for 
exchange  of  prisoners  of  war. 


376  Messages  and  Papers  of  the  Confederacy. 

clare  null  the  paroles  given  by  the  prisoners  captured  by  us  in 
the  same  series  of  engagements  and  liberated  on  condition  of  not 
again  serving  until  exchanged.  They  have  since  openly  insisted 
on  treating  the  paroles  given  by  their  own  soldiers  as  invalid,  and 
those  of  our  soldiers,  given  under  precisely  similar  circumstances, 
as  binding.  A  succession  of  similar  unjust  pretensions  has  been 
set  up  in  a  correspondence  tediously  prolonged,  and  every  device 
employed  to  cover  the  disregard  of  an  obligation  which,  between 
belligerent  nations,  is  to  be  enforced  only  by  a  sense  of  honor. 

No  further  comment  is  needed  on  this  subject,  but  it  may  be 
permitted  to  direct  your  special  attention  to  the  close  of  the  cor 
respondence  submitted  to  you,  from  which  you  will  perceive 
that  the  final  proposal  made  by  the  enemy,  in  settlement  of  all 
disputes  under  the  cartel,  is  that  we  should  liberate  all  prisoners 
held  by  us  without  the  offer  to  release  from  captivity  any  of  those 
held  by  them. 

In  the  meantime  a  systematic  and  concerted  effort  has  been 
made  to  quiet  the  complaints  in  the  United  States  of  those  rela 
tives  and  friends  of  the  prisoners  in  our  hands,  who  are  unable  to 
understand  why  the  cartel  is  not  executed  in  their  favor,  by  the 
groundless  assertion  that  we  are  the  parties  who  refuse  compli 
ance.  Attempts  are  also  made  to  shield  themselves  from  the 
execration  excited  by  their  own  odious  treatment  of  our  officers 
and  soldiers,  now  captive  in  their  hands,  by  misstatements,  such  as 
that  the  prisoners  held  by  us  are  deprived  of  food.  To  this  last  ac 
cusation  the  conclusive  answer  has  been  made  that,  in  accordance 
with  our  law  and  the  general  orders  of  the  Department,  the  rations 
of  the  prisoners  are  precisely  the  same,  in  quantity  and  quality,  as 
those  served  out  to  our  own  gallant  soldiers  in  the  field,  and  which 
have  been  found  sufficient  to  support  them  in  their  arduous  cam 
paigns,  while  it  is  not  pretended  by  the  enemy  that  they  treat 
prisoners  by  the  same  generous  rule.  By  an  indulgence,  perhaps 
unprecedented,  we  have  even  allowed  the  prisoners  in  our  hands 
to  be  supplied  by  their  friends  at  home  with  comforts  not  enjoyed 
by  the  men  who  captured  them  in  battle.  In  contrast  to  this  treat 
ment  the  most  revolting  inhumanity  has  characterized  the  conduct 
of  the  United  States  toward  prisoners  held  by  them.  One  promi 
nent  fact,  which  admits  no  denial  or  palliation,  must  suffice  as  a 
test.  The  officers  of  our  Army,  natives  of  southern  and  semi- 


First  Congress.  377 

tropical  climates,  and  unprepared  for  the  cold  of  a  northern  winter, 
have  been  conveyed  for  imprisonment  during  the  rigors  of  the 
present  season  to  the  most  northern  and  exposed  situation  that 
could  be  selected  by  the  enemy.  There,  beyond  the  reach  of  com 
forts,  and  often  even  of  news  from  home  and  family,  exposed  to 
the  piercing  cold  of  the  northern  lakes,  they  are  held  by  men  who 
cannot  be  ignorant  of,  even  if  they  do  not  design,  the  probable 
result.  How  many  of  our  unfortunate  friends  and  comrades, 
who  have  passed  unscathed  through  numerous  battles,  will  perish 
on  Johnson's  Island,  under  the  cruel  trial  to  which  they  are  sub 
jected,  none  but  the  Omniscient  can  foretell.  That  they  will 
endure  this  barbarous  treatment  with  the  same  stern  fortitude 
that  they  have  ever  evinced  in  their  country's  service,  we  cannot 
doubt.  But  who  can  be  found  to  believe  the  assertion  that  it  is 
our  refusal  to  execute  the  cartel,  and  not  the  malignity  of  the  foe, 
which  has  caused  the  infliction  of  such  intolerable  cruelty  on  our 
loved  and  honored  defenders? 

TRANS-MISSISSIPPI    DEPARTMENT. 

Regular  and  punctual  communication  with  the  Trans-Missis 
sippi  is  so  obstructed  as  to  render  difficult  a  compliance  with  much 
of  the  legislation  vesting  authority  in  the  Executive  branch  of  the 
Government.  To  supply  vacancies  in  office ;  to  exercise  discretion 
on  certain  matters  connected  with  the  military  organizations ;  to 
control  the  distribution  of  the  funds  collected  from  taxation  or  re 
mitted  from  the  Treasury ;  to  carry  on  the  operations  of  the  Post 
Office  Department,  and  other  like  duties,  require,  under  the  Con 
stitution  and  existing  laws,  the  action  of  the  President  and  Heads 
of  Departments.  The  necessities  of  the  military  service  frequently 
forbid  delay,  and  some  legislation  is  required  providing  for  the 
exercise  of  temporary  authority  until  regular  action  can  be  had 
at  the  seat  of  government.  I  would  suggest,  especially  in  the 
Post  Office  Department,  that  an  assistant  be  provided  for  the 
States  beyond  the  Mississippi,  with  authority  in  the  Head  of  that 
Department  to  vest  in  this  assistant  all  such  powers  now  exercised 
by  the  Postmaster  General  as  may  be  requisite  for  provisional  con 
trol  of  the  funds  of  the  Department  in  those  States  and  their  appli 
cation  to  the  payment  of  mail  contractors ;  for  superintendents  of 
the  local  post  offices  and  the  contracts  for  carrying  the  mail ;  for 


378  Messages  and  Papers  of  the  Confederacy. 

the  temporary  employment  of  proper  persons  to  fulfill  the  duties 
of  postmasters  and  contractors  in  urgent  cases,  until  appointments 
can  be  made,  and  for  other  like  purposes.  Without  some  legisla 
tive  provision  on  the  subject,  there  is  serious  risk  of  the  destruc 
tion  of  the  mail  service  by  reason  of  the  delays  and  hardships 
suffered  by  contractors  under  the  present  system,  which  requires 
constant  reference  to  Richmond  of  their  accounts,  as  well  as  of 
the  returns  of  the  local  postmasters,  before  they  can  receive  pay 
ment  for  services  rendered.  Like  provision  is  also  necessary  in 
the  Treasury  Department,  while  for  military  affairs  it  would  seem 
to  be  sufficient  to  authorize  the  President  and  Secretary  of  War 
to  delegate  to  the  commanding  general  so  much  of  the  discretion 
ary  powers  vested  in  them  by  law  as  the  exigencies  of  the  service 
shall  require. 


The  report  of  the  Secretary  of  the  Navy  gives  in  detail  the  oper 
ations  of  that  Department  since  January  last,  embracing  informa 
tion  of  the  disposition  and  employment  of  the  vessels,  officers,  and 
men,  and  the  construction  of  vessels  at  Richmond,  Wilmington, 
Charleston,  Savannah,  Mobile,  Selma,  and  on  the  rivers  Roanoke, 
Neuse,  Pedee,  Chattahoochee,  and  Tombigbee;  the  accumulation 
of  ship  timber  and  supplies,  and  the  manufacture  of  ordnance, 
ordnance  stores,  and  equipments.  The  foundries  and  workshops 
have  been  greatly  improved,  and  their  capacity  to  supply  all  de 
mands  for  heavy  ordnance  for  coast  and  harbor  defenses  is  limit 
ed  only  by  our  deficiency  in  the  requisite  skilled  labor.  The  want 
of  such  labor  and  of  seamen  seriously  affects  the  operations  of  the 
Department. 

The  skill,  courage,  and  activity  of  our  cruisers  at  sea  cannot  be 
too  highly  commended.  They  have  inflicted  heavy  losses  on  the 
enemy  without  suffering  a  single  disaster,  and  have  seriously  dam 
aged  the  shipping  interests  of  the  United  States  by  compelling 
their  foreign  commerce  to  seek  the  protection  of  neutral  flags. 

Your  attention  is  invited  to  the  suggestions  of  the  report  on  the 
subject  of  supplying  seamen  for  the  service,  and  of  the  provisions 
of  the  law  in  relation  to  the  Volunteer  Navy. 

POST  OFFICE. 
The  Postmaster  General  reports  the  receipts  of  that  Department 


First  Congress.  379 

for  the  fiscal  year  ending  the  3Oth  of  June  last  to  have  been  $3,- 
337,853.01,  and  the  expenditures  for  the  same  period  $2,662,804.- 
67.  The  statement  thus  exhibits  an  excess  of  receipts  amounting 
to  $675,048.34,  instead  of  a  deficiency  of  more  than  $1,000,000,  as 
was  the  case  in  the  preceding  fiscal  year.  It  is  gratifying  to  per 
ceive  that  the  Department  has  thus  been  made  self-sustaining  in 
accordance  with  sound  principle,  and  with  the  express  require 
ment  of  the  Constitution  that  its  expenses  should  be  paid  out  of 
its  own  revenues  after  the  ist  of  March,,  1863. 

The  report  gives  a  full  and  satisfactory  account  of  the  opera 
tions  of  the  Post  Office  Department  for  the  last  year,  and  explains 
the  measures  adopted  for  giving  more  certainty  and  regularity  to 
the  service  in  the  States  beyond  the  Mississippi,  and  on  which  re 
liance  is  placed  for  obviating  the  difficulties  heretofore  encountered 
in  that  service. 

The  settlement  of  the  accounts  of  the  Department  is  greatly  de 
layed  by  reason  of  the  inability  of  the  First  Auditor  to  perform  all 
the  duties  now  imposed  on  him  by  law.  The  accounts  of  the  De 
partment  of  State,  of  the  Treasury,  of  the  Xavy,  and  of  Justice, 
are  all  supervised  by  that  officer,  and  more  than  suffice  to  occupy 
his  whole  time.  The  necessity  for  a  third  auditor  to  examine  and 
settle  the  accounts  of  a  Department  so  extensive  as  that  of  the  Post 
Office  appears  urgent,  and  his  recommendation  on  that  subject 
meets  my  concurrence. 

CONDUCT   OF    KXEMY. 

I  cannot  close  this  message  without  again  adverting  to  the  sav 
age  ferocity  which  still  marks  the  conduct  of  the  enemy  in  tile- 
prosecution  of  the  war.  After  their  repulse  from  the  defenses  be 
fore  Charleston  they  first  sought  revenge  by  an  abortive  attempt 
to  destroy  the  city  with  an  incendiary  composition  thrown  by  im 
proved  artillery  from  a  distance  of  four  miles.  Failing  in  this, 
they  changed  their  missiles,  but  fortunately  have  thus  far  succeed 
ed  in  killing  only  two  women  in  the  city.  Their  commanders,  But 
ler,  McNeil,  and  Turchin,  whose  terrible  barbarities  have  made 
their  names  widely  notorious  and  everywhere  execrable,  are  still 
honored  and  cherished  by  the  authorities  at  Washington.  The 
first-named,  after  having  been  withdrawn  from  the  scenes  of  his 
cruelties  against  women  and  prisoners  of  war,  in  reluctant  con- 


380  Messages  and  Papers  of  the  Confederacy. 

cession  to  the  demands  of  outraged  humanity  in  Europe,  has  just 
been  put  in  a  new  command  at  Norfolk,  where  helpless  women  and 
children  are  again  placed  at  his  mercy. 

Nor  has  less  unrelenting  warfare  been  waged  by  these  pretended 
friends  of  human  rights  and  liberties  against  the  unfortunate  ne 
groes.  Wherever  the  enemy  have  been  able  to  gain  access  they 
have  forced  into  the  ranks  of  their  army  every  able-bodied  man 
that  they  could  seize,  and  have  either  left  the  aged,  the  women, 
and  the  children  to  perish  by  starvation,  or  have  gathered  them  into 
camps  where  they  have  been  wasted  by  a  frightful  mortality.  With 
out  clothing  or  shelter,  often  without  food,  incapable  without  su 
pervision  of  taking  the  most  ordinary  precautions  against  disease, 
these  helpless  dependents,  accustomed  to  have  their  wants  supplied 
by  the  foresight  of  their  masters,  are  being  rapidly  exterminated 
wherever  brought  in  contact  with  the  invaders.  By  the  Northern 
man,  on  whose  deep-rooted  prejudices  no  kindly  restraining  in 
fluence  is  exercised,  they  are  treated  with  aversion  and  neglect. 
There  is  little  hazard  in  predicting  that  in  all  localities  where  the 
enemy  have  gained  a  temporary  foothold  the  negroes,  who  under 
our  care  increased  sixfold  in  number  since  their  importation  into 
the  colonies  by  Great  Britain,  will  have  been  reduced  by  mortality 
during  the  war  to  no  more  than  one-half  their  previous  number. 

Information  on  this  subject  is  derived  not  only  from  our  own 
observation  and  from  the  reports  of  the  negroes  who  succeed  in 
escaping  from  the  enemy,  but  full  confirmation  is  afforded  by 
statements  published  in  the  Northern  journals  by  humane  persons 
engaged  in  making  appeals  to  the  charitable  for  aid  in  preventing 
the  ravages  of  disease,  exposure,  and  starvation  among  the  negro 
women  and  children  who  are  crowded  into  encampments. 

The  frontier  of  our  country  bears  witness  to  the  alacrity  and 
efficiency  with  which  the  general  orders  of  the  enemy  have  been 
executed  in  the  devastation  of  farms,  the  destruction  of  the  agri 
cultural  implements,  the  burning  of  the  houses,  and  the  plunder 
of  everything  movable.  Its  whole  aspect  is  a  comment  on  the 
ethics  of  the  general  order  issued  by  the  United  States  on  the  24th 
of  April,  1863,  comprising  "Instructions  for  the  Government  of 
Armies  of  the  United  States  in  the  Field,"  and  of  which  the  fol 
lowing  is  an  example : 

Military  necessity  admits  of  all  direct  destruction  of  life  or  limb  of 
armed  enemies,  and  of  other  persons  whose  destruction  is  incidentally 


First  Congress.  381 

unavoidable  in  the  armed  contests  of  the  war;  it  allows  of  the  capturing 
of  every  armed  enemy,  and  every  enemy  of  importance  to  the  hostile 
Government,  or  of  peculiar  danger  to  the  captor;  it  allows  of  all  destruc 
tion  of  property,  and  obstructions  of  the  ways  and  channels  of  traffic, 
travel,  or  communication,  and  of  all  withholding  of  sustenance  of  means 
of  life  from  the  enemy;  of  the  appropriation  of  whatever  an  enemy's 
country  affords  necessary  for  the  subsistence  and  safety  of  the  Army, 
and  of  such  deception  as  does  not  involve  the  breaking  of  good  faith, 
either  positively  pledged  regarding  agreements  entered  into  during  the 
war  or  supposed  by  the  modern  law  of  war  to  exist.  Men  who  take 
up  arms  against  one  another  in  public  war  do  not  cease  on  this  account 
to  be  moral  beings,  responsible  to  one  another  and  to  God. 

The  striking1  contrast  to  these  teachings  and  practices  presented 
by  our  army  when  invading  Pennsylvania  illustrates  the  moral 
character  of  our  people.  Though  their  forbearance  may  have  been 
unmerited  and  unappreciated  by  the  enemy,  it  was  imposed  by 
their  own  self-respect  which  forbade  their  degenerating  from 
Christian  warriors  into  plundering  ruffians,  assailing  the  property, 
lives,  and  honor  of  helpless  noncombatants.  If  their  conduct, 
when  thus  contrasted  with  the  inhuman  practices  of  our  foe,  fail 
to  command  the  respect  and  sympathy  of  civilized  nations  in  our 
day,  it  cannot  fail  to  be  recognized  by  their  less  deceived  pos 
terity. 

The  hope  last  year  entertained  of  an  early  termination  of  the 
war  has  not  been  realized.  Could  carnage  have  satisfied  the  ap 
petite  of  our  enemy  for  the  destruction  of  human  life,  or  grief 
have  appeased  their  wanton  desire  to  inflict  human  suffering,  there 
has  been  bloodshed  enough  on  both  sides,  and  two  lands  have  been 
sufficiently  darkened  by  the  weeds  of  mourning  to  induce  a  dispo 
sition  for  peace. 

If  unanimity  in  a  people  could  dispel  delusion,  it  has  been  dis 
played  too  unmistakably  not  to  have  silenced  the  pretense  that  ths 
Southern  States  were  merely  disturbed  by  a  factious  insurrection, 
and  it  must  long  since  have  been  admitted  that  they  were  but  ex 
ercising  their  reserved  right  to  modify  their  own  Government  in 
such  manner  as  would  best  secure  their  own  happiness.  But  these 
considerations  have  been  powerless  to  allay  the  unchristian  hate 
of  those  who,  long  accustomed  to  draw  large  profits  from  a  union 
with  us,  cannot  control  the  rage  excited  by  the  conviction  that  they 
have  by  their  own  folly  destroyed  the  richest  sources  of  their  pros 
perity.  They  refuse  even  to  listen  to  proposals  for  the  only  peace 


382  Messages  and  Papers  of  the  Confederacy. 

possible  between  us — a  peace  which,  recognizing  the  impassable 
gulf  which  divides  us,  may  leave  the  two  peoples  separately  to 
recover  from  the  injuries  inflicted  on  both  by  the  causeless  war 
now  waged  against  us.  Having  begun  the  war  in  direct  violation 
of  their  Constitution,  which  forbade  the  attempt  to  coerce  a  State, 
they  have  been  hardened  by  crime  until  they  no  longer  attempt  to 
veil  their  purpose  to  destroy  the  institutions  and  subvert  the  sov 
ereignty  and  independence  of  these  States.  We  now  know  that 
the  only  reliable  hope  for  peace  is  in  the  vigor  of  our  resistance, 
while  the  cessation  of  their  hostility  is  only  to  be  expected  from 
the  pressure  of  their  necessities. 

The  patriotism  of  the  people  has  proved  equal  to  every  sacrifice 
demanded  by  their  country's  need.  We  have  been  united  as  a  peo 
ple  never  were  united  under  like  circumstances  before.  God  has 
blessed  us  with  success  disproportionate  to  our  means,  and  under 
his  divine  favor  our  labors  must  at  last  be  crowned  with  the  reward 
due  to  men  who  have  given  all  they  possessed  to  the  righteous  de 
fense  of  their  inalienable  rights,  their  homes,  and  their  altars. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  Qth,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
State,  covering  copies  of  his  correspondence  referred  to  in  my 
message  delivered  yesterday;  and  I  invite  your  attention  to  the 
reason  he  gives  for  withholding  them  until  to-day. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  n,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  estimates  of  sums 
needed  for  the  public  service  among  the  Indian  tribes. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  15,  1863. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  loth  inst.,  asking  to  be 
furnished  with  "copies  of  the  several  reports  of  Major  General 


First  Congress.  383 

Whiting  in  relation  to  running  the  blockade  of  Wilmington,  North 
Carolina,"  I  herewith  transmit  a  communication  from  the  Sec 
retary  of  War,  covering  copies  of  the  reports  referred  to. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  16,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  loth  instant,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War  relative  to  the  exemption  of  mail  contractors  "under 
the  act  of  April  14,  1863,"  and  to  the  action  of  the  Department 
upon  the  subject.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  16,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Attorney  General  ad  interim,  submitting  additional  esti 
mates  for  the  expenditures  of  the  Department  of  Justice. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purpose  designated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  16,  1863. 
To  the  Senate  and  House  of  Representatives.* 

I  herewith  transmit  for  your  consideration,  in  secret  session,  a 
communication  from  the  Secretary  of  the  Treasury,  covering  a  re 
port  in  relation  to  foreign  cotton  loans. 

I  recommend  the  ratification  by  Congress  of  the  accompanying 
contractf  for  a  second  foreign  loan,  and  of  the  issue  of  the  cotton 
certificates  made  for  the  use  of  the  Navy  Department. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  17,  1863. 
To  the  House  of  Representatives. 

In  partial  response  to  your  resolution  of  the  nth  instant,  I  here 
with  transmit  a  communication  from  the  Secretary  of  War,  cov- 

*A  duplicate   of  this   message   was   transmitted   to    Congress   later   in 
the  day,  inclosing  additional  papers. 
tWith  Emile  Erlanger  &  Co.,  Paris. 


384  Messages  and  Papers  of  the  Confederacy. 

ering  a  list  of  exempts  in  the  States  of  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia. 

Further  information  on  this  subject  will  be  communicated  when 
received.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  19,  1863. 

To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  several  reports  of  mil 
itary  operations.  JEFFERSON  DAVIS. 

[The  same  message  was  sent  to  the  House  of  Representatives.] 

RICHMOND,  VA.,  Dec.  21,  1863. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  loth  instant,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secretary 
of  War  relative  to  the  Quartermaster  General. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  22,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  loth  inst.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  covering  "a  list  of  the  officers  of  artillery  in  the  Provisional 
Army,  for  the  performance  of  ordnance  duty,  appointed  since  the 
i6th  day  of  September,  1862,"  and  the  "roll  of  merit"  reported 
by  the  Board  of  Examiners.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  23,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  "General  Lee's  report  of  the  oper 
ations  of  the  Army  of  Northern  Virginia,  from  the  date  of  his  as 
sumption  of  command  to  and  including  the  battle  of  Fredericks- 
burg,  December  13,  1863,"  and  the  subordinate  reports  appertain 
ing  thereto.  JEFFERSON  DAVIS. 


First  Congress.  385 

RICHMOND,  VA.,  December  28,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
State,  covering  a  copy  of  that  portion  of  his  correspondence  re 
ferred  to  in  my  message  of  the  7th  instant,  which  has  not  been 
previously  submitted.  JEFFERSON  DAVIS. 

[The  same  message  was  sent  to  the  House  of  Representatives.] 


RICHMOND,  VA.,  December  28,  1863. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  copies  of  additional  reports  of  military  operations 
of  the  year  1862  which  should  have  accompanied  the  report  of 
Gen.  R.  E.  Lee,  submitted  for  your  information  on  the  24th  [23d] 
instant.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  29,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I  ith  inst.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  covering  a  copy  of  the  report  of  Gen.  J.  E.  Johnston  of  his 
operations  in  Mississippi  during  the  months  of  May,  June,  and 
July,  1863,  together  with  a  copy  of  the  report  of  Lieut.  Gen.  J.  C. 
Pemberton  of  his  operations  during  the  same  time. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  31,  1863. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  several  reports  of  mil 
itary  operations.  JEFFERSON  DAVIS. 

[The  same  message  was  sent  to  the  House  of  Representatives.] 

RICHMOND,  VA.,  Dec.  3ist,  1863. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  i8th  inst.,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  covering 

25 


386  Messages  and  Papers  of  the  Confederacy. 

a  copy  of  the  report  of  Brig.  Gen.  Echols,  relative  to  the  battle  of 
Droop  Mountain.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  December  31,  1863. 
To  the  House  of  Representatives. 

In  further  response  to  your  resolution  of  the  nth  inst.,  I  here 
with  transmit  for  your  information  a  communication  from  the 
Secretary  of  War,  covering  copies  of  several  reports  of  military 
operations.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  7,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  an  estimate  of  the 
amount  "necessary  for  the  payment  of  interest  on  the  Removal 
and  Subsistence  Fund  due  the  Cherokee  Indians  in  North  Caro 
lina," 

I  recommend  an  appropriation  of  the  sum  specified  for  the  pur 
pose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  7,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  copies  of  several  additional 
reports  of  military  operations.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  7,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  a  copy  of  the  report  of  Brig. 
Gen.  R.  S.  Ripley  of  operations  from  August  21  to  September  10, 
1863.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  8,  1864. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  the  "report  of  Gen.  J.  E, 


First  Congress.  387 

Johnston  of  his  operations  in  the  Department  of  Mississippi  and 
East  Louisiana,"  and  of  the  report  of  Lieut.  Gen.  J.  C.  Pember- 
ton  of  the  battles  of  Port  Gibson,  Baker's  Creek,  and  the  siege  of 
Vicksburg,  to  which  is  appended  a  copy  of  the  correspondence 
of  the  Department  with  him  relative  to  some  points  of  the  re 
port  which  were  thought  to  require  explanation. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  n,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  submit  for  your  consideration  a  communication  from 
the  Attorney  General,  containing  an  estimate  of  an  additional  sum 
required  by  the  Department  of  Justice. 

I  recommend  that  an  appropriation  be  made  of  the  amount  spec 
ified  for  the  purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  n,  1864. 
To  the  House  of  Representatives. 

In  partial  response  to  your  resolution  of  the  nth  ult.,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  showing  "the  number  of  officers  and  men,  including 
the  police  and  mounted  guard,  employed  in  executing  the  con 
script  law"  in  the  States  of  Virginia,  North  Carolina,  South  Car 
olina,  and  Georgia.  Further  information  on  the  subject  will  be 
furnished  when  received.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  12,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  "the  condensed 
estimates  of  appropriations  required  for  the  support  of  the  Gov 
ernment  for  the  period  from  January  I  to  June  30,  1864,  inclu 
sive." 

It  was  intended  that  these  estimates  should  accompany  my  mes 
sage*  of  the  7th  ultimo,  but  they  seem  to  have  failed  to  reach  the 
committees. 

I  recommend  that  appropriations  be  made  of  the  sums  specified 
for  the  purposes  indicated.  JEFFERSON  DAVIS. 

*Page  345. 


388  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Jan.  13,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  1 2th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Sec 
retary  of  War,  covering  a  list  of  those  persons  who  have  been 
specially  noticed  and  promoted  from  the  ranks  for  gallantry  in  the 
field.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  13,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  1 7th  ult.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary 
of  War,  relative  to  the  steps  taken  in  reference  to  "An  Act  to  pre 
vent  the  absence  of  officers  and  soldiers  without  leave/'  approved 
the  i6th  of  April,  1863.  JEFFERSON  DAVIS. 

RICHMOND,  January  13,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  a  copy  of  Maj.  Gen.  Hind- 
man's  report  of  his  operations  while  in  command  of  the  Trans- 
Mississippi  District.  JEFFERSON  DAVIS. 

RICHMOND,  VAV  January  15,  1864. 
To  the  Senate  of  the  Confederate  States  of  America. 

I  have  received  from  your  honorable  body,  through  the  hands 
of  your  secretary,  a  copy  of  the  report  and  resolution  adopted  by 
you  in  executive  session  on  the  Qth  instant. 

The  resolution  is  in  the  following  words : 

Resolved,  That  the  Senate  do  advise  and  consent  to  the  appointment 
of  the  military  officers  nominated  in  the  four  several  messages  of  the 
President  dated  on  the  8th  instant,  all  of  whom  are  from  States  west  of 
the  Mississippi  River,  for  the  reasons  stated  in  the  foregoing  report; 
and  that  the  action  of  the  Senate  herein  is  not  to  be  construed  as  sanc 
tioning  or  recognizing  the  right  of  the  Executive,  in  nominating  officers 
to  the  Senate,  to  fix  the  time  at  which  they  shall  take  rank  anterior  to 
the  preceding  session  of  Congress,  or  at  any  time  during  such  session. 

By  the  first  four  lines  of  the  resolution  I  am  informed  that  the 
Senate  acknowledge  the  legality  and  concur  in  the  propriety  of  my 


First  Congress.  389 

action  in  regard  to  these  nominations,  by  their  advising  and  con 
senting  to  the  appointments  as  proposed.  This  is  the  whole  action 
usually  taken  on  nominations,  and  seems  to  exhaust  the  authority 
over  appointments  vested  in  the  Senate  by  the  Constitution. 

The  reservation,  however,  in  the  present  instance,  that  the  Sen 
ate  is  not  to  be  considered  as  sanctioning  or  recognizing  the  right 
of  the  Executive  to  do  in  the  future  what  the  Senate  have  approved 
of  his  doing  in  the  cases  before  them,  as  explained  in  the  report 
to  which  the  resolution  refers,  imposes  on  me  the  necessity  of  this, 
communication. 

On  referring  to  that  report  I  confess  to  my  surprise  at  finding 
myself  apparently  charged  with  a  violation  of  the  Constitution, 
although  no  foundation  exists  for  the  implication  conveyed  in  the 
report.  I  feel  sure,  therefore,  that  neither  the  committee  nor  the 
Senate  could  have  intended  or  sanctioned  such  a  charge;  but  I 
could  not  in  justice  to  myself  fail  to  call  your  attention  to  the  lan 
guage  employed.  It  is  as  follows  : 

.  .  .  The  only  difficulty  presented  to  the  committee  is,  that  the 
date  at  which  the  officers  nominated  are  to  take  rank  is  anterior  to  the 
last  session  of  Congress. 

The  committee  are  of  opinion  that  the  Constitution  contemplates  that 
all  officers  appointed  in  the  recess  of  Congress  shall  hold  under  such 
appointment  only  to  the  close  of  the  next  session  of  Congress,  and  that 
they  should  be  renominated,  if  it  is  intended  to  retain  them  in  their  of 
fices,  to  the  Senate  at  its  first  session  after  their  appointment.  This  has 
not  been  done  in  this  case. 

The  Senate  cannot  but  agree  with  me  that  the  plain  inference 
from  these  passages  is  that  the  Constitution  has  been  violated  by 
my  having  appointed  these  officers  during  the  recess  and  retained 
them  in  office  without  nominating  them  to  the  Senate  at  its  next 
session.  It  has  thus  become  incumbent  on  me  (while  satisfied  that 
neither  the  committee  nor  the  Senate  could  have  intended  to  make 
such  an  accusation)  to  repel  any  inference  that  might  hereafter  be 
drawn  from  my  silence  on  the  subject,  by  stating  that  not  only  had 
no  appointments  of  these  officers  been  made  prior  to  the  nomina 
tions  on  which  the  Senate  has  just  acted,  but  that  the  fact  of  the 
necessity  for  the  appointments  reached  the  Executive  only  since 
the  commencement  of  your  present  session,  by  communication  re 
ceived  last  month  from  the  Trans-Mississippi  Department. 

Upon  the  point  suggested  in  the  close  of  the  resolution,  that  the 


390  Messages  and  Papers  of  the  Confederacy. 

Executive  is  without  the  right  to  make  a  nomination  to  a  military 
^rade,  coupled  with  rank  from  a  date  prior  to  a  former  session  of 
the  Senate,  it  is  not  deemed  proper  to  anticipate  any  future  disa 
greement  with  the  Senate  by  presenting  the  reasons  for  the  oppo 
site  conclusion  as  being  the  only  one  consistent  with  the  laws  for 
the  regulation  of  the  Army,  as  well  as  with  long-settled  usage  and 
the  necessities  of  the  service. 

When  the  occasion  shall  arise  I  cannot  doubt  that  the  Senate 
will,  notwithstanding  this  resolution,  refuse  to  abandon  its  own 
constitutional  power  to  act  on  nominations  at  its  pleasure,  accord 
ing  to  the  merits  of  each  case  and  the  good  of  the  service.  I  am 
confirmed  in  this  conclusion  by  observing  that  the  resolution  was 
passed  without  a  call  for  the  yeas  and  nays,  and  therefore  with 
probably  less  than  the  usual  consideration,  as  well  as  by  the  further 
reflection  that  as  Executive  nominations  which  meet  the  disap 
proval  of  the  Senate  on  any  ground  are  always  subject  to  rejection 
without  assignment  of  reasons,  experience  will  show  that  no  ad 
vantage  can  arise  from  the  Senate's  curtailing  its  own  discretion  in 
future  cases  by  binding  its  own  judgment  in  advance. 

JEFFERSON  DAVIS. 

CONFEDERATE  STATES  OF  AMERICA,  EXECUTIVE  DEPARTMENT, 

RICHMOND,  VA.,  Jan.  15,  1864. 
Hon.  E.  S.  Dargan,  M.  C.  from  Alabama. 

Sir:  In  further  response  to  your  letter  to  the  President  of  the 
22d  ult,  and  by  his  direction,  I  have  the  honor  to  inclose  to  you 
the  reports*  of  the  Secretary  of  the  Navy  and  of  the  Secretary  of 
War  upon  the  subject  to  which  it  relates.  Very  respectfully, 

Yr.  obt.  Sert.    BURTON  N.  HARRISON,  Private  Secretary. 

RICHMOND,  VA.,  Jan.  18,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  3Oth  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  covering  copies  of  regulations  and  orders  relative  to 
the  payment  of  assessments  of  damages  made  by  commanding  of- 

*Relative  to  the  Erlanger  loan,  and  cotton  accumulated  by  the  Treas 
ury  Department. 


First  Congress.  391 

ficers  in  the  field,  "without  intervention  of  courts-martial  or  boards 
of  survey/'  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  19,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  nth  instant,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secretary 
of  War,  relative  to  "the  collection  and  distribution  of  the  'tax  in 
kind/  under  the  act  approved  April  24,  1863." 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  19,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  several  additional  reports 
of  military  operations  during  the  last  year. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  25,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  nth  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  showing,  as  far 
as  the  records  of  the  Department  enable  him  to  do,  the  number  of 
men  liable  to  conscription  who  have  been  removed  from  the  Com 
missary  and  Quartermaster's  Departments,  to  give  place  to  dis 
abled  soldiers,  as  directed  by  law.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  26,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  a  copy  of  an  additional  report 
of  military  operations  during  the  last  year. 

JEFFERSON  DAVIS. 


392  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  January  26,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  i6th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  covering 
information  relative  to  the  officers  appointed  under  the  act  to 
raise  troops,  approved  October  u,  1862.  JEFFERSON  DAVIS. 

RICHMOND,  January  27,  1864. 
To  the  Senate. 

I  submit  to  the  Senate  herewith  the  nomination  of  A.  R.  Lawton, 
cf  Georgia,  to  be  Quartermaster  General,  with  the  rank  of  briga 
dier  general,  to  take  rank  from  the  I3th  day  of  April,  1861,  and 
deem  it  proper  to  communicate  the  reasons  which  induce  this 
course. 

On  the  passage  of  the  act  of  the  2Oth  of  March  last,  entitled  "An 
Act  to  amend  an  act  for  the  establishment  and  organization  of  the 
general  staff  for  the  Army  of  the  Confederate  States  of  America," 
inquiry  was  made  to  aid  in  the  selection  of  the  most  competent 
person  then  made  eligible,  and  the  office  of  Quartermaster  Gen 
eral  was  tendered  to  General  Lawton,  who  was  averse  to  accepting 
it  if  it  involved  a  nomination  and  new  appointment,  for  the  rea 
sons  that  it  withdrew  him  from  service  in  the  field,  interfered  with 
his  chances  for  promotion,  and  that,  as  he  was  then  the  oldest 
brigadier  in  the  service,  he  would,  by  acceptance  of  a  new  com 
mission,  be  deprived  of  his  relative  rank  as  compared  with  other 
brigadiers.  There  were  two  other  officers  recommended  to  me 
as  specially  fitted  to  discharge  the  duties  of  Quartermaster  Gen 
eral,  who  could  be  spared  from  service  in  the  field,  and  they  were 
both  major  generals  and  could  not  therefore  be  expected  to  accept 
a  lower  grade  in  the  staff  than  that  which  they  held  in  the  line. 

The  name  of  the  officer  then  performing  the  duties  of  Quarter 
master  General  was  also  presented  to  me  with  recommendations 
entitled  to  carry  great  respect,  but  my  own  observation  of  the  man 
ner  in  which  those  duties  had  been  discharged  had  previously  sat 
isfied  me  that  the  public  interests  required  an  officer  of  greater 
ability  and  one  better  qualified  to  meet  the  pressing  emergencies 
of  the  service  during  the  war. 

On  examination  of  the  law  above  referred  to,  its  language,  al 
though  not  free  from  doubt,  was  held,  after  consultation  and  ad- 


First  Congress.  393 

vice,  to  justify  the  conclusion  that  the  intention  of  Congress  would 
be  fulfilled  by  assigning  to  the  performance  of  the  duties  of  Quar 
termaster  General  an  officer  already  confirmed  as  brigadier  general 
in  the  Provisional  Army,  without  again  submitting  his  nomina 
tion  to  the  Senate.  The  grounds  for  this  conclusion  were  that  the 
eighth  section  of  the  act  of  6th  of  March,  1861,  organizing  the 
Regular  Army,  expressly  authorized  the  Executive  to  assign  the 
brigadier  generals  to  any  duties  he  might  specially  direct,  and 
when  the  five  brigadier  generals  were  raised  to  the  rank  of  gen 
erals  by  the  act  of  i6th  of  May,  1861,  the  President  was  again 
empowered  to  assign  them  to  such  commands  and  "duties"  as  he 
might  specially  direct.  As  it  had,  therefore,  been  permitted  by 
Congress  that  any  one  of  the  generals  of  the  Regular  Army  might 
be  assigned  to  staff  or  any  other  duty  at  Executive  discretion,  it 
seemed  a  fair  inference  that  when  by  the  law  of  last  session  pro 
vision  was  made  that  the  rank,  pay,  and  allowances  of  Quarter 
master  General  should  be  those  of  a  brigadier  in  the  Provisional 
Army  the  will  of  the  Legislature  was  as  well  fulfilled  by  assigning 
to  the  duties  of  that  office  one  who  was  already  a  brigadier  gen 
eral  of  the  Provisional  Army  as  by  nominating  a  new  officer. 

This  view  of  the  question  was  fortified  by  the  fact  that  the  law 
last  referred  to  did  not  create  an  office,  but  only  provided  that 
during  the  war  the  officer  discharging  the  duties  of  Quartermaster 
General  should  have  the  rank  of  brigadier  general,  and  by  the 
further  fact  that  the  original  act  of  26th  of  February,  1861,  for  the 
establishment  and  organization  of  the  general  staff,  contained  a 
provision  still  in  force,  that  officers  of  the  Quartermaster  General 
and  other  staff  departments  might  by  order  of  the  President  be  as 
signed  to  the  command  of  troops,  according  to  their  rank  in  the 
Army,  thus  indicating  that  positions  in  the  quartermaster's  and 
other  staff  departments  were  not  distinct  offices,  but  were  posts 
of  duty  to  which  officers  of  the  Army  were  appointed,  and  from 
which  they  might  be  withdrawn  and  assigned  to  other  duties  at 
Executive  discretion.  This  is  a  provision  of  our  law  that  did  not 
exist  in  the  former  service  of  the  United  States,  in  which  when  an 
officer  of  the  Army  entered  the  Quartermaster's  Department  he 
surrendered  his  commission  in  the  line  and  his  right  to  command 
troops. 

I  am  advised,  however,  that  such  is  not  the  construction  given  to 


394  Messages  and  Papers  of  the  Confederacy. 

the  law  by  many  Senators,  and  I  so  far  conform  to  their  views  as 
to  give  the  Senate  an  opportunity  to  advise  the  Executive  in  rela 
tion  to  the  appointment  of  this  officer. 

This  statement  was  also  necessary  in  explanation  of  the  proposal 
that  General  Lawton's  rank  should  date  from  the  I3th  of  April, 
1861,  that  being  the  date  of  his  present  commission  of  brigadier 
general  in  the  Provisional  Army. 

Since  the  foregoing  message  was  written  I  observe  by  the  pub 
lished  proceedings  of  the  Senate  that  it  has  adopted  the  following 
resolutions : 

Resolved,  That,  in  the  opinion  of  the  Senate,  A.  C.  Myers  is  now  Quar 
termaster  General  of  the  C.  S.  Army,  and  is  by  law  authorized  and  re 
quired  to  discharge  the  duties  thereof. 

Resolved,  That  A.  R.  Lawton  is  not  authorized  by  law  to  discharge 
the  duties  of  said  office. 

Refraining  from  any  further  remark  on  these  resolutions  than 
the  expression  of  my  conviction  that  they  are  not  sustained  by  the 
Constitution  or  the  law,  their  passage  enforces  the  propriety  of 
submitting  to  you  the  nomination  which  accompanies  this  message. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  27,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  2Oth  inst.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  the  Treasury,  con 
veying  information  relative  to  the  Chief  Collector  of  Taxes  for 
the  State  of  Louisiana.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  29,  1864. 
To  the  House  of  Representatives. 

In  response  -to  your  resolution  of  the  nth  ultimo,  I  herewith 
transmit  for  your  information  a  copy  of  my  correspondence,  to 
gether  with  that  of  the  Secretary  of  War  and  of  the  Adjutant  and 
Inspector  General,  with  General  Joseph  E.  Johnston  during  the 
months  of  May,  June,  and  July,  1863,  concerning  his  command 
and  the  operations  in  his  department. 

As  the  resolution  fixes  definitely  the  dates  within  which  the  cor- 


First  Congress.  395 

respondencc  is  desired,  I  have  not  deemed  it  proper  to  add  any 
thing  which  was  prior  or  subsequent  to  those  dates. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  January  29,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration,  in  secret  session,  a 
communication  from  the  Secretary  of  the  Treasury,  to  which  I 
invite  your  special  attention. 

I  recommend  an  appropriation  of  the  sum  specified  for  the  pur 
pose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  30,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2ist  inst.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  showing  the 
present  state  of  the  question  pending  between  the  two  Govern 
ments,  of  the  Confederate  States  and  the  United  States,  relative 
to  the  exchange  of  prisoners.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Jan.  30,  1864. 
To  the  Senate  and   House  of   Representatives. 

L  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate*  of  an  additional 
sum  needed  by  the  Engineer  Bureau. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purpose  indicated.  JEFFERSON  DAVIS. 

February  3,  1864. 
The  Senate  and  House  of  Representatives  of  the  Confederate  States. 

The  present  state  of  the  Confederacy,  in  my  judgment,  requires 
that  I  should  call  your  attention  to  a  condition  of  things  existing 
in  the  country  which  has  already  been  productive  of  serious  evil, 
and  which  threatens  still  graver  consequences  unless  an  adequate 

*Of  amount  required  to  pay  claims  for  the  loss  of  slaves  by  impress 
ment,  etc. 


396  Messages  and  Pa-pers  of  the  Confederacy. 

remedy  shall  be  speedily  applied  by  the  legislation  of  Congress. 
It  has  been  our  cherished  hope — and  hitherto  justified  by  the  gen 
erous  self-devotion  of  our  citizens — that  when  the  great  struggle 
in  which  we  are  engaged  was  passed  we  might  exhibit  to  the  world 
the  proud  spectacle  of  a  people  unanimous  in  the  assertion  and 
defense  of  their  rights  and  achieving  their  liberty  and  independ 
ence  after  the  bloodiest  war  of  modern  times  without  the  necessity 
of  a  single  sacrifice  of  civil  right  to  military  necessity.  But  it 
can  no  longer  be  doubted  that  the  zeal  with  which  the  people 
sprang  to  arms  at  the  beginning  of  the  contest  has,  in  some  parts 
of  the  Confederacy,  been  impaired  by  the  long  continuance  and 
magnitude  of  the  struggle. 

While  brigade  after  brigade  of  our  brave  soldiers  who  have  en 
dured  the  trials  of  the  camp  and  battlefield  are  testifying  their 
spirit  and  patriotism  by  voluntary  reenlistment  for  the  war,  dis 
content,  disaffection,  and  disloyalty  are  manifested  among  those 
who,  through  the  sacrifices  of  others,  have  enjoyed  quiet  and  safe 
ty  at  home.  Public  meetings  have  been  held,  in  some  of  which  a 
treasonable  design  is  masked  by  a  pretense  of  devotion  to  State 
sovereignty,  and  in  others  is  openly  avowed.  Conventions  are 
advocated  with  the  pretended  object  of  redressing  grievances, 
which,  if  they  existed,  could  as  well  be  remedied  by  ordinary  leg 
islative  action,  but  with  the  real  design  of  accomplishing  treason 
under  the  form  of  law.  To  this  end  a  strong  suspicion  is  enter 
tained  that  secret  leagues  and  associations  are  being  formed.  In 
certain  localities  men  of  no  mean  position  do  not  hesitate  to  avow 
their  disloyalty  and  hostility  to  our  cause,  and  their  advocacy  of 
peace  on  the  terms  of  submission  and  the  abolition  of  slavery.  In 
districts  overrun  by  the  enemy  or  liable  to  their  encroachments, 
citizens  of  well-known  disloyalty  are  holding  frequent  communi 
cation  with  them,  and  furnishing  valuable  information  to  our  in 
jury,  even  to  the  frustration  of  important  military  movements. 
And  yet  must  they,  through  too  strict  regard  to  the  technicalities 
of  the  law,  be  permitted  to  go  at  large  till  they  have  perfected  their 
treason  by  the  commission  of  an  overt  act?  After  the  commission 
of  the  act  the  evidence  is  often  unattainable,  because  within  the 
enemy's  lines.  Again  and  again  such  persons  have  been  arrested, 
and  as  often  they  have  been  discharged  by  the  civil  authorities, 
because  the  Government  could  not  procure  the  testimony  from. 


First  Congress.  397 

within  the  lines  of  the  enemy.  On  one  occasion,  when  a  party  of 
officers  were  laying  a  torpedo  in  James  River,  persons  on  shore 
were  detected  communicating  with  the  enemy,  and  were  known 
to  pilot  them  to  a  convenient  point  for  observing  the  nature  of  the 
service  in  which  the  party  were  engaged.  They  were  arrested  and 
were  discharged  on  habeas  corpus,  because,  although  there  was 
moral  certainty  of  their  guilt,  it  could  not  be  proved  by  competent 
testimony.  Twice  the  Government  has  received  secret  and  con 
fidential  information  of  plots  to  release  the  prisoners  confined  in 
Richmond.  This  information  was  sufficiently  definite  to  enable 
preventive  measures  to  be  adopted  with  success ;  but  as  it  pointed 
out  the  guilty  conspirators  by  strong  suspicion  only,  and  not  by 
competent  testimony,  they  could  not  be  arrested,  and  are  still  at 
large,  ready  to  plot  again.  A  citizen  possessing  the  means  and 
opportunity  of  doing  much  injury  to  the  service  was  arrested  for 
disloyalty.  He  was  twice  tried  before  different  commissioners. 
Upon  each  examination  he  avowed  his  hostility  to  our  cause  and 
his  desire  to  join  the  enemy.  Both  commissioners  decided  that  it 
would  be  dangerous  to  suffer  him  to  go  at  large.  Yet,  upon  the 
demand  of  the  civil  authorities,  he  had  to  be  released  for  want  of 
competent  legal  testimony. 

The  Capital  of  the  Government  is  the  object  of  peculiar  attention 
to  the  enemy.  I  have  satisfactory  reasons  for  believing  that  spies 
are  continually  coming  and  going  in  our  midst.  Information  has 
been  repeatedly  received  from  friendly  parties  at  the  North  that 
particular  individuals  then  in  Richmond  were  sent  as  spies  by  the 
enemy.  Yet,  however  accurate  and  reliable  such  information 
might  be,  it  was  not  competent  testimony ;  and  it  was  idle  to  arrest 
them  only  to  be  discharged  by  the  civil  authorities.  Important  in 
formation  of  secret  movements  among  the  negroes  fomented  by 
base  white  men  has  been  received  from  faithful  servants,  but  no 
arrests  of  instigators  could  be  made  because  there  was  no  com 
petent  testimony.  Apprehensions  have  more  than  once  been  en 
tertained  of  a  servile  insurrection  in  Richmond.  The  Northern 
papers  inform  us  that  Butler  is  perfecting  some  deep-laid  scheme 
to  punish  us  for  our  refusal  to  hold  intercourse  with  him.  If,  as 
is  not  improbable,  his  designs  should  point  to  servile  insurrection 
in  Richmond,  incendiarism,  and  the  destruction  of  public  works 
so  necessary  to  our  defense,  and  so  impossible  to  be  replaced,  how 


398  Messages  and  Papers  of  the  Confederacy. 

can  we  hope  to  fathom  it  and  reach  the  guilty  emissaries  and  con 
trivers  but  by  incompetent  negro  testimony?  In  some  of  the 
States  civil  process  has  been  brought  to  bear  with  disastrous  effi 
ciency  upon  the  Army.  Every  judge  has  the  power  to  issue  the 
writ  of  habeas  corpus,  and  if  one  manifests  more  facility  in  dis 
charging  petitioners  than  his  associates  the  application  is  made  to 
him,  however  remote  he  may  be.  In  one  instance  a  general  on  the 
eve  of  an  important  movement,  when  every  man  was  needed,  was 
embarrassed  by  the  command  of  a  judge — more  than  two  hundred 
miles  distant — to  bring  if  in  his  custody,  or  send  if  in  custody  of 
another,  before  him,  on  habeas  corpus,  some  deserters  who  had 
been  arrested  and  returned  to  his  command.  In  another,  the  com 
mandant  of  a  camp  of  conscripts,  who  had  a  conscript  in  camp, 
was  commanded  to  bring  him  before  a  judge  more  than  a  hundred 
miles  distant,  although  there  was  a  judge  competent  to  hear  and 
determine  the  cause  resident  in  the  place  where  the  writ  was  ex 
ecuted.  He  consulted  eminent  counsel,  and  was  advised  that,  from 
the  known  opinions  of  the  judge  selected,  the  conscript  would  un 
doubtedly  be  released,  and  the  officer  was  therefore  advised  to  dis 
charge  him  at  once,  and  return  the  facts  informally;  that  such  a 
return  was  not  technically  sufficient,  but  would  be  accepted  as  ac 
complishing  the  purpose  of  the  writ.  He  acted  on  the  advice  of 
his  counsel,  and  was  immediately  summoned  by  the  judge  to  show 
cause  why  he  should  not  be  attached  for  a  contempt  in  making  an 
insufficient  return,  and  was  compelled  to  leave  his  command  at  a 
time  when  his  services  were  pressingly  needed  by  the  Government 
and  travel  over  a  hundred  miles  and  a  considerable  distance  away 
from  any  railroad,  to  purge  himself  of  the  technical  contempt. 
These  particular  instances  may  serve  to  show  the  nature  of  the 
delays,  difficulties,  and  embarrassments  which  are  constantly  oc 
curring.  And  injurious  as  they  are,  they  are  but  light  and  trivial 
in  comparison  with  evils  which  are  reasonably  to  be  anticipated. 

It  is  understood  that  questions  are  to  be  multiplied  as  to  the 
constitutionality  of  the  late  act  of  Congress  placing  in  the  military 
service  those  who  had  furnished  substitutes.  If  a  single  judge,  in 
any  State,  should  hold  the  act  to  be  unconstitutional,  it  is  easy  to 
foresee  that  that  State  will  either  furnish  no  soldiers  from  this 
class,  or  furnish  them  only  when  too  late  for  the  pressing  need  of 
the  country.  Every  application  will  be  made  to  that  particular 


First  Congress.  399 

judge,  and  he  will  discharge  the  petitioners  in  each.  And  although 
the  officer  may  have  the  right  of  appeal,  yet  the  delay  will  be 
tantamount  in  its  consequences  to  a  discharge.  Indeed,  this  re 
sult  is  likely  to  ensue,  though  every  judge  in  the  Confederacy 
should  hold  the  law  to  be  perfectly  constitutional  and  valid. 

A  petition  for  a  habeas  corpus  need  not  and  ordinarily  does  not 
disclose  the  particular  grounds  upon  which  the  petitioner  claims 
his  discharge.  A  general  statement  on  oath  that  he  is  illegally 
restrained  of  his  liberty  is  sufficient  to  induce  and  even  to  require 
the  judge  to  issue  the  writ.  In  every  case  the  enrollment  will  be 
followed  by  the  writ,  and  every  enrolling  officer  will  be  kept  in 
continual  motion  to  and  from  the  judge,  until  the  embarrassment 
and  delay  will  amount  to  the  practical  repeal  of  the  law.  Its  pro 
visions  will  add  no  more  soldiers  to  the  Army.  But  this  is  not  all. 
We  shall  not  be  able  to  retain  those  already  in  the  service.  Noth 
ing  has  done  so  much  to  inspirit  our  brave  soldiers  as  the  de 
termination  evinced  by  Congress  to  send  to  their  aid  those  who 
have  thus  far  lived  in  ease  at  home  while  they  have  endured  dan 
gers,  toils,  and  privations.  When  the  hope  of  equal  justice  and  of 
speedy  reenforcement  shall  thus  have  failed,  disappointment  and 
despondency  will  displace  the  buoyant  fortitude  which  animates 
them  now.  Desertion,  already  a  frightful  evil,  will  become  the 
order  of  the  day.  And  who  will  arrest  the  deserter,  when  most  of 
those  at  home  are  engaged  with  him  in  the  common  cause  of 
setting  the  Government  at  defiance  ?  Organized  bands  of  deserters 
will  patrol  the  country,  burning,  plundering,  and  robbing  indis 
criminately,  and  our  armies,  already  too  weak,  must  be  still  further 
depleted  at  the  most  imminent  crisis  of  our  cause,  to  keep  the 
peace  and  protect  the  lives  and  property  of  our  citizens  at  home. 
Must  these  evils  be  endured?  Must  the  independence  for  which 
we  are  contending,  the  safety  of  the  defenseless  families  of  the 
men  who  have  fallen  in  battle  and  of  those  who  still  confront  the 
invader,  be  put  in  peril  for  the  sake  of  conformity  to  the  technical 
ities  of  the  law  of  treason  ? 

Having  thus  presented  some  of  the  threatening  evils  which  ex 
ist,  it  remains  to  suggest  the  remedy.  And  in  my  judgment  that 
is  to  be  found  only  in  the  suspension  of  the  privilege  of  the  writ  of 
habeas  corpus.  It  is  a  sharp  remedy,  but  a  necessary  one.  It  is  a 
remedy  plainly  contemplated  by  the  Constitution.  All  the  powers 


400  Messages  and  Papers  of  the  Confederacy. 

of  the  Government,  extraordinary  as  well  as  ordinary,  are  a  sacred 
trust,  to  be  faithfully  executed  whenever  the  public  exigency  may 
require.  Recognizing  the  general  obligation,  we  cannot  escape 
from  the  duty  in  one  case  more  than  in  another.  And  a  suspension 
of  the  writ  when  demanded  by  the  public  safety  is  as  much  a  duty 
as  to  levy  taxes  for  the  support  of  the  Government.  If  the  state 
of  invasion  declared  by  the  Constitution  to  be  a  proper  case  for 
the  exercise  of  this  power  does  not  exist  in  our  country  now,  when 
can  it  ever  be  expected  to  arise  ?  It  is  idle  to  appeal  against  it  to 
the  history  of  the  old  Union.  That  history  contains  no  parallel 
case.  England,  whose  reverence  for  the  great  bill  of  right  is  at 
least  as  strong  as  our  own,  and  the  stability  of  whose  institutions 
is  the  admiration  of  the  world,  has  repeatedly  within  the  last  hun 
dred  years  resorted  to  this  remedy  when  only  threatened  with 
invasion.  It  may  occasion  some  clamor,  but  this  will  proceed 
chiefly  from  the  men  who  have  already  been  too  long  the  active 
agents  of  evil.  Loyal  citizens  will  not  feel  danger,  and  the  dis 
loyal  must  be  made  to  fear  it.  The  very  existence  of  extraordinary 
powers  often  renders  their  exercise  unnecessary.  To  temporize 
with  disloyalty  in  the  midst  of  war  is  but  to  quicken  it  to  the 
growth  of  treason.  I  therefore  respectfully  recommend  that  the 
privilege  of  the  writ  of  habeas  corpus  be  suspended. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  3,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  I5th  ult.,  I  herewith  trans 
mit  for  your  information  in  executive  session  a  communication 
from  the  Secretary  of  War,  relative  to  the  general  officers  ap 
pointed  under  the  act  approved  October  13,  1862. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  5,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  relative  to  the  steps  taken  to  carry  out  the  provisions 


First  Congress.  401 

of  the  act  of  Congress  "in  relation  to  the  arrest  and  disposition 
of  slaves  who  have  been  recaptured  from  the  enemy." 

JEFFERSON  DAVIS. 


RICHMOND,  February  5,  1864. 
To  the  House  of  Representatives. 

I  herewith  transmit  communications  from  the  Secretaries  of  the 
Treasury  and  of  War,  which  convey  the  information  asked  for 
in  your  resolution  of  the  I3th  ultimo,  relative  to  the  amount  of 
money  forwarded  to  the  Trans-Mississippi  Department  since  the 
adjournment  of  Congress,  and  to  the  adjustment  of  claims  against 
the  Government  for  articles  illegally  impressed  and  not  paid  for 
at  the  time.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Feb.  8,  1864. 
To  the   House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  in  response  to  your  resolution  of  the  I5th  ult.,  requesting 
to  be  informed  "by  what  authority  Gens.  Sam  Jones  and  Im- 
boden  have  prohibited  the  transportation  of  food  from  the  mil 
itary  districts  in  which  they  are  located  to  the  city  of  Richmond 
for  private  use  and  consumption."  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Feb.  8,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I2th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Sec 
retary  of  War,  relative  to  the  "domestic  passport  system"  now 
enforced  upon  citizens  traveling  in  some  parts  of  the  Confed 
erate  States  outside  of  the  lines  of  the  armies. 

JEFFERSON  DAVIS. 

RICHMOND,  YA.,  February  8,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I2th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  stating  that  the  records  of  the  War  Office  "do  not 
26 


402  Messages  and  Papers  of  the  Confederacy. 

show  any  authority  granted  to  raise  troops  of  conscript  age,  except 
in  localities  where  the  operation  of  the  conscript  law  has  been  sus 
pended,  or  from  the  control  of  the  enemy  it  cannot  be  enforced." 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  8,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  a  copy  of  the  report  by  Gen. 
Jno.  S.  Williams  of  the  operations  of  the  forces  under  his  com 
mand  at  Blue  Springs,  Henderson,  and  Rheatown,  Tenn. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  n,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  submitting  an  estimate  of  the  sum 
needed  for  the  conscription  service. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purpose  indicated.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  n,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  3ist  December,  1863,  I 
herewith  transmit  for  your  information  a  communication  from, 
the  Secretary  of  War,  concerning  the  "correspondence  with  Gen. 
Whiting  relative  to  the  defense  of  Wilmington,  North  Carolina/' 
and  the  aid  which  "can  be  given  by  further  legislation  to  the  com 
plete  defense  of  that  important  post."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  n,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  estimates  of  ad 
ditional  sums  needed  for  the  support  of  the  Government. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purposes  indicated.  JEFFERSON  DAVIS. 


first  Congress.  403 

RICHMOND,  VA.,  Feb.  n,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit,  and  recommend  to  your  favorable  consid 
eration  in  secret  session,  a  communication  from  the  Secretary  of 
the  Navy,  asking  for  authority  to  transfer  the  amount  appropri 
ated  under  secret  act  No.  6,  approved  September  19,  1862,  to  the 
appropriation  under  secret  act  No.  31,  approved  October  6,  1862. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  12,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2ist  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Sec 
retary  of  War,  relative  to  the  delivery  of  the  "tax  in  kind"  at  the 
Government  depots  by  the  producers.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  12,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2<jth  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  submitting  copies  of  papers  relating  "to  the  trial  and 
conviction  of  W.  E.  Coffman  by  a  military  court,"  and  to  "a  writ 
of  habeas  corpus  issued  from  the  circuit  court  of  Rockingham 
County,  Va.,  to  prevent  the  execution  of  said  Coffman." 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  12,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  \Var,  covering  copies  of  several  additional 
reports  of  General  Beauregard,  connected  with  the  defense  of 
Charleston.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  12,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  2d  tilt,  I  herewith  trans 
mit  for  votir  information  a  communication  from  the  Secretary  of. 


404  Messages  and  Papers  of  the  Confederacy. 

the  Treasury-,  relative  to  the  assessment  and  collection  of  taxes 
under  the  act  approved  May  i,  1863.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feby.  12,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  an  estimate  of 
additional  sums  needed  for  the  support  of  the  Government. 

I  recommend  an  appropriation  of  the  amount  specified  for  the 
purposes  indicated.  JEFFERSON  DAVIS. 

RICHMOND;  VAV  February  13,  1864. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  feel  impelled  by  the  condition  of  the  country  earnestly  to  rec 
ommend  to  your  adoption  the  extension  of  the  conscription  already 
recommended*  in  my  annual  message  of  the  7th  of  December  last, 
and  to  inform  you  that  the  preparations  made  by  the  enemy  for 
the  campaign  of  the  present  year  warn  us  that  our  armies  in  the 
field  must  be  reenforced  to  the  utmost  possible  extent. 

The  agricultural  interests  of  the  country  must  be  protected  and 
fostered,  or  we  shall  be  unable  to  raise  the  supplies  necessary  for 
the  subsistence  of  the  Army  as  well  as  of  the  people  at  home.  How 
is  this  to  be  done  ? 

There  is  no  possibility  of  affording  adequate  local  protection  by 
our  armies  in  the  field,  which  must  of  necessity  be  kept  concen 
trated  to  resist  the  main  columns  of  the  invading  forces  of  the 
enemy.  Our  farms  and  depots  can  be  protected  from  destruc 
tive  raids  only  by  men  who  remain  at  home  engaged  in  man- 
ufactural,  agricultural,  and  other  pursuits.  There  are  but  two 
modes  of  rendering  these  classes  available  for  such  purposes. 
One  is  by  calling  them  out  as  militia ;  the  other  by  enrolling  them 
under  Confederate  authority.  I  propose  in  a  few  words  to  contrast 
these  modes. 

If  those  left  at  home  are  available  only  as  militia,  it  will  become 
necessary  to  make  requisitions  for  them  on  the  States  in  advance 
of  any  pressing  necessity  for  their  services,  because  of  the  delays 

*See  page  370. 


First  Congress.  405 

which  are  always  involved  in  obtaining  forces  under  such  calls. 
When  called  out  it  will  naturally  result  that  the  men  will  be  re 
tained  for  long  periods  in  the  field  or  in  camp,  to  be  ready  for 
emergencies,  as  they  could  not,  if  discharged,  be  promptly  re 
called  when  required.  This  method  of  using  the  reserves  will  tell 
with  disastrous  effect  on  our  agriculture. 

On  the  other  hand,  troops  for  local  defense  and  special  service, 
as  organized  under  the  act  of  2ist  of  August,  1861,  would  afford 
the  Commander  in  Chief  the  means  of  calling  out  the  men  em 
braced  in  such  organizations  at  a  moment's  warning,  and  enable 
him,  without  imprudence,  to  dismiss  them  the  moment  the  danger 
had  disappeared.  They  would  probably  not  be  absent  from  the 
fields  and  \vorkshops  more  than  two  or  three  weeks  at  a  time,  and 
there  would  thus  be  no  serious  interruption  to  the  productive  in 
dustry  of  the  country.  If  the  spirit  which  rendered  the  volunteer 
ing  so  general  among  all  classes  of  citizens  at  the  beginning  of  the 
war  \vere  still  prevalent,  there  would  be  no  necessity  for  the  pro 
posed  legislation,  as  the  citizens  would  readily  join  the  organiza 
tions  provided  in  the  law  above  mentioned.  But  as  this  is  not  the 
case,  it  is  necessary  that  conscription  for  local  defense  should  re 
place  volunteering. 

If  Congress  should  decline  to  adopt  this  measure,  which  my 
sense  of  \vhat  is  needed  for  the  public  defense  forces  me  again  to 
urge  upon  its  attention,  I  am  unable  to  perceive  from  what  source 
we  are  to  obtain  the  men  necessary  not  only  to  repel  raids  but  to 
relieve  the  large  number  of  able-bodied  soldiers  now  detailed  from 
the  Army  for  local  service  in  the  States. 

I  trust  that  my  conviction  of  the  pressing  necessity  for  this  leg 
islation  in  aid  of  the  public  defense  will  be  received  by  Congress 
as  a  sufficient  justification  for  this  renewal  of  the  recommendation 
contained  in  the  message  addressed  to  you  at  the  commencement 
of  the  present  session.  JEFFERSON  DAVIS. 

RICHMOND,  VAV  February  15,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  I2th  inst,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  conveying  the 
information  asked  for  relative  to  Gen.  A.  R.  Lawton  and  Gen.  J. 
B.  Gordon. 


406  Messages  and  Papers  of  the  Confederacy. 

The  terms  of  the  inquiry  to  which  this  reply  is  made  suggest  the 
propriety  of  informing  the  Senate  that  other  general  officers,  who 
have  been  wounded  in  battle  and  separated  from  their  commands, 
have  been  regarded  as  having  a  continuing  right  to  receive  the 
prescribed  pay  and  allowances  of  their  grade,  notwithstanding  the 
appointment  of  others  to  supply  the  want  created  by  their  indefi 
nite  absence.  For  example,  the  recent  nominations  of  brigadier 
generals,  who  had  been  selected  to  command  the  brigades  of  Gen. 
W.  H.  F.  Lee,  of  Virginia,  and  of  Gen.  D.  W.  Adams,  of  Louisi 
ana,  were  not  intended  to  vacate  the  commissions  or  to  suspend 
the  pay  of  those  gallant  officers,  but  to  use  the  authority  to  appoint 
supernumerary  generals  for  one  of  the  purposes  for  which  it  was 
understood  to  have  been  given.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  submit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  of  an  additional 
appropriation  required  by  the  War  Department. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  communications  from 
the  Secretary  of  WTar,  covering  copies  of  several  additional  re 
ports  of  military  operations.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  February  15,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  December  24,  1863,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  submitting  copies  of  the  charges  and  specifications, 
and  of  the  accompanying  papers,  in  the  case  of  Major  H.  C. 
Guerin,  C.  S.  JEFFERSON  DAVIS. 


First  Congress.  407 

RICHMOND,  VA.,  February  16,  1864. 

To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  5th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  conveying 
the  information  asked  for  relative  to  the  hospitals  in  and  near  the 
city  of  Richmond,  and  to  the  surgeons  and  assistant  surgeons  at 
tached  to  them.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  i6th,  1864. 
To  the  House  of  Representatives. 

In  partial  response  to  your  resolution  of  the  nth  December, 
1863,  I  herewith  transmit  a  communication  from  the  Secretary 
of  War,  conveying  the  information  asked  for  relative  to  the  of 
ficers  of  the  Commissary  Department  who  have  failed  to  render 
their  accounts,  and  stating  the  cause  of  his  inability  at  present  to 
furnish  the  desired  information  concerning  such  officers  of  the 
Quartermaster's  Department.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  17,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Navy,  covering  an  estimate  for  an  addi 
tional  appropriation  required  under  an  act*  approved  on  the  i6th 
inst.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  Feb.  17,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  submit  for  your  consideration  a  communication  from 
the  Secretary  of  War,  covering  an  estimate  for  an  additional  ap 
propriation  required  by  the  Bureau  of  Indian  Affairs. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  17,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  1 2th  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  conveying  the 

*To  pay  allowances  authorized  to  officers  of  the  Navy. 


408  Messages  and  Papers  of  the  Confederacy. 

information  asked  for  relative  to  the  returns  of  the  company  com 
manders  of  the  Army  for  the  clothing  transferred  to  them  for  is 
sue  and  distribution.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  17,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  submit  for  your  consideration  a  communication  from 
the  Secretary  of  the  Navy,  covering  an  estimate  for  an  additional 
appropriation  required  under  an  act  approved  on  the  i6th  instant- 

JEFFERSON  DAVIS. 


VETO  MESSAGES. 

RICHMOND,  VA.,  December  31,  1863. 
To  the  Senate  of  the  Confederate  States  of  America. 

The  act  entitled  "An  Act  to  amend  an  act  entitled  'An  Act  to 
aid  the  State  of  Kentucky,  and  for  other  purposes,'  "  approved 
29th  of  January,  1862,  has  been  duly  considered,  and  I  find  my 
self  constrained,  though  very  reluctantly,  because  of  the  purpose 
in  view,  to  return  the  same  to  the  House  in  which  it  originated 
with  a  statement  of  the  objections  which  cause  me  to  withhold 
my  approval. 

The  act  to  which  this  is  amendatory  was  for  the  declared  ob 
ject  of  aiding  the  Governor  and  Council  of  Kentucky  to  raise 
and  organize  troops  in  that  State  for  the  Confederate  service,  and 
to  supply  them  with  clothing,  subsistence,  transportation,  arms, 
and  ammunition.  The  second  section  of  that  act  carefully  pro 
vided  the  manner  of  making  requisitions  on  the  appropriation, 
so  as  to  secure  its  application  to  the  object  for  which  it  was  de 
signed — viz.,  to  provide  for  troops  raised  for  the  Confederate 
service  anterior  to  their  being  mustered  into  the  same,  and  there 
fore  before  they  could  be  supplied  by  the  officers  of  the  Confed 
erate  Army. 

The  act  now  before  me  devotes  one-half  of  that  appropriation 
to  a  purpose  entirely  different  from  that  originally  contemplated, 
and  authorizes  the  Governor  and  Council  to  draw  from  the  Treas 
ury  a  million  of  dollars,  to  be  expended  in  purchasing  clothing 


First  Congress.  409 

for  the  use  and  benefit  of  the  Kentucky  troops  now  in  the  service. 
These  already  receive  the  same  allowance  of  clothing  as  all  other 
troops.  The  act  under  consideration  makes  an  appropriation  for 
an  object  for  which  other  money  is  appropriated,  and  directs  its 
expenditure  by  agents  other  than  the  bonded  officers  charged 
with  supplying  clothing  to  the  whole  Army.  If  it  be  designed, 
as  equity  would  seem  to  require,  to  make  a  proportionate  pro 
vision  for  all  the  other  troops,  the  Senate  will  not  fail  to  observe 
the  very  large  expenditure  which  it  would  involve,  and  that  the 
method  is  objectionable,  because  it  would  be  to  employ  two  sets 
of  agents  to  perform  the  same  duty,  who,  buying  in  the  same 
market,  would  necessarily  be  bidders  against  each  other. 

If  the  allowance  of  clothing  be  not  sufficient,  a  better  remedy 
would  seem  to  be  an  increase  of  the  appropriation  for  the  cloth 
ing  for  the  whole  Army,  that  the  grateful  duty  might  in  that  case 
be  performed  by  the  Confederate  authorities  of  issuing  to  the 
soldier  whatever  additional  allowance  the  Government  may  be 
able  to  procure  and  his  wants  may  require. 

It  will  be  further  perceived  that  to  recognize  as  well  founded 
the  implication  contained  in  this  bill  that  extra  supplies  of  cloth 
ing  furnished  to  the  soldiers  ought  to  be  paid  for  by  the  Confed 
eracy  would  lay  the  foundation  for  large  claims  to  be  made  here 
after  by  the  States  for  reimbursement  on  account  of  clothing  sup 
plied  by  them  to  their  soldiers. 

If  the  discrimination  made  by  this  act  in  favor  of  the  gallant 
soldiers  of  our  sister  State  of  Kentucky  originates  from  the 
natural  sympathy  excited  by  their  separation  from  such  com 
forts  as  they  might  expect  to  receive  if  able  to  communicate  with 
their  homes,  Congress  will  not  fail  to  perceive  that  there  are 
many  other  troops  in  the  service  in  like  condition,  and  whose 
claims  to  consideration  stand  on  precisely  the  same  footing. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  February  11,  1864. 
The  House  of  Representatives  of  the  Confederate  States  of  America. 

Having  carefully  considered  the  act  entitled  "An  Act  to  provide 
for  wounded  and  disabled  officers,  soldiers,  and  seamen  an  asylum 
to  be  called  the  'Veteran  Soldiers'  Home,'  "  I  feel  constrained  to 


410  Messages  and  Papers  of  the  Confederacy. 

return  it  with  my  objections  to  the  House  of  Representatives,  in 
which  it  originated.  The  object  of  the  act  appeals  most  strongly 
to  the  sympathies  of  all ;  but  in  providing  the  means  for  effectu 
ating  that  object,  it  enacts  provisions  which,  in  my  judgment,  are 
unwarranted  by  the  Constitution.  Without  affirming  that  the  act 
creates  a  perfect  corporation,  there  can  be  no  doubt  that  it  confers 
upon  the  board  of  managers  of  the  institution  which  it  is  intended 
to  found  corporate  powers  and  franchises  of  a  well-defined  char 
acter,  which  constitute  them  what  is  known  as  a  quasi  corpora 
tion.  They  are  to  organize  themselves  into  a  board,  by  the 
election  of  a  president,  treasurer,  and  their  necessary  officers ; 
are  to  continue  in  office  until  their  successors  are  appointed,  thus 
providing  for  a  continual  succession;  and  they  are  to  be  subject 
to  the  general  approval  and  direction  of  the  Secretary  of  War, 
thus  constituting  the  Secretary  a  visitor,  a  usual  incident  of 
eleemosynary  corporations.  They  have  powers  to  make  by 
laws,  or,  as  the  act  expresses  it,  the  "power  to  make  all  requisite 
rules  and  regulations"  for  the  government  of  the  institution ;  and 
they  are  authorized  to  receive  endowments  from  individuals  and 
from  the  States.  These  are  all  ordinary  and  well-known  cor 
porate  franchises.  But  if  any  doubt  could  exist  as  to  whether 
they  are  granted  to  the  board  as  a  corporation,  or  quasi  corpora 
tion,  or  only  intrusted  to  them  as  individual  trustees,  that  doubt 
is  removed  by  the  second  section  of  the  act.  That  section  pro 
vides  that  the  treasurer  shall  give  bond  with  security  for  the 
faithful  discharge  of  his  duties,  which  bond  shall  be  payable  to 
the  said  board  of  managers  and  their  successors  in  office,  and 
may  by  them  be  put  in  suit  in  any  State  or  Confederate  court 
having  jurisdiction.  It  cannot  be  understood  that  this  bond  is  to 
be  taken  to  and  sued  upon  by  the  board  of  managers  in  their  indi 
vidual  capacities  as  natural  persons.  This  is  evident  from  two 
considerations : 

First.  Such  a  power  would  be  supererogatory  and  useless, 
since  as  natural  persons  they  already  had  by  the  common  law 
ample  right  to  make  any  contract  and  take  any  bond  or  other 
security  not  contravening  the  policy  of  the  law. 

Second.  The  right  of  action  on  a  bond  payable  to  the  man 
agers  as  individuals  would,  in  the  courts  of  law,  remain  in  and 
be  under  the  control  of  the  managers  after  they  had  gone  out  of 


First  Congress.  411 

office ;  and  in  case  of  the  death  of  all  of  them  would  belong  to  the 
personal  representative  of  the  last  survivor ;  and  to  prevent  these 
inconveniences  it  is  expressly  provided  that  the  bond  should  be 
payable  to  and  be  sued  on  by  "the  board  of  managers  and  their 
successors  in  office,"  which  could  be  accomplished  only  by  con 
stituting  them  to  that  extent  a  corporation. 

From  these  considerations  it  is  apparent  that  the  intent  of  the 
act  is  to  confer  corporate  powers  upon  the  board  of  managers ; 
and  that  intent  is,  in  my  judgment,  beyond  the  powers  intrusted 
to  Congress  by  the  Constitution.  However  enlightened  opinions 
may  have  differed  under  the  old  Government,  the  whole  history 
and  theory  of  the  contest  in  which  we  are  engaged  and  the  ex 
press  recognition  in  our  Constitution  of  the  sovereignty  of  the 
States  preclude  all  idea  of  so  widely  extending  by  construction 
the  field  of  implied  powers.  That  there  is  no  such  power  ex 
pressly  granted  need  scarcely  be  remarked. 

But  if  this  view  of  the  intent  and  operation  of  the  act  be  dis 
carded  as  incorrect,  then  it  can  be  susceptible  of  but  one  other  in 
terpretation.  It  provides  for  the  support  and  comfort  of  soldiers 
and  seamen  disabled  in  the  public  service — a  class  in  all  coun 
tries  regarded  as  the  peculiar  objects  of  governmental  benevo 
lence.  The  institution  which  it  founds  is  endowed,  in  part  at 
least,  from  the  funds  of  the  Government.  The  real  estate  neces 
sary  for  the  purpose  of  this  act  is  to  be  leased  or  purchased  by 
the  Secretary  of  War,  under  the  approval  of  the  President,  as 
the  property  of  the  Government.  Officers  in  the  service  and  pay 
of  the  Government  are  to  be  assigned  for  duty  at  the  asylum.  Its 
whole  management  is  to  be  subject  to  the  general  direction  and 
control  of  a  high  officer  of  the  Government — the  Secretary  of 
War ;  and  the  board  of  managers  are  required  to  report  to  the 
Secretary,  to  be  communicated  to  Congress  at  every  regular  ses 
sion,  a  statement  of  the  condition  of  the  institution.  It  is  then  a 
Government  institution,  and  its  officers  are  officers  of  the  Con 
federate  States;  but  they  are  not  to  be  appointed  in  any  of  the 
ways  by  which  alone  such  appointments  can  be  constitutionally 
made — neither  by  the  President,  with  the  advice  and  consent  of 
the  Senate,  nor  by  the  President  alone,  nor  by  the  courts  of  law, 
nor  by  the  Head  of  a  Department.  The  managers  are  to  be  ap 
pointed  by  the  Governors  of  the  several  States,  and  they  in  turn 


412  Messages  and  Papers  of  the  Confederacy. 

are  to  appoint  their  president  and  treasurer  and  fix  their  sala 
ries. 

These  two  are,  in  my  judgment,  the  only  interpretations  of 
which  the  act  is  susceptible ;  and  under  either  view  its  provisions 
are  violative  of  the  Constitution.  JEFFERSON  DAVIS. 


PROCLAMATION. 

BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

The  Senate  and  House  of  Representatives  of  the  Confederate 
States  of  America  have  signified  their  desire  that  a  day  may  be 
recommended  to  the  people,  to  be  set  apart  and  observed  as  a  day 
of  humiliation,  fasting,  and  prayer,  in  the  language  following, 
to  wit : 

"Reverently  recognizing  the  providence  of  God  in  the  affairs  of 
man,  and  gratefully  remembering  the  guidance,  support,  and  de 
liverance  granted  to  our  patriotic  fathers  in  the  memorable  war 
which  resulted  in  the  independence  of  the  American  colonies,  and 
now  reposing  in  him  our  supreme  confidence  and  hope  in  the  pres 
ent  struggle  for  civil  and  religious  freedom,  and  for  the  right  ta 
live  under  a  government  of  our  own  choice,  and  deeply  impressed 
with  the  conviction  that  without  him  nothing  is  strong,  nothing 
wise,  and  nothing  enduring ;  in  order  that  the  people  of  this  Con 
federacy  may  have  the  opportunity  at  the  same  time  of  offering 
their  adoration  of  the  great  Sovereign  of  the  universe,  of  peni 
tently  confessing  their  sins,  and  strengthening  their  vows  and  pur 
poses  of  amendment  in  humble  reliance  upon  his  gracious  and 
almighty  power : 

"The  Congress  of  the  Confederate  States  of  America  do  re 
solve,  That  it  be  recommended  to  the  people  of  these  States  that 
Friday,  the  eighth  day  of  April  next,  be  set  apart  and  observed 
as  a  day  of  humiliation,  fasting,  and  prayer,  that  Almighty  Gocf 
would  so  preside  over  our  public  councils  and  authorities,  that 
he  would  so  inspire  our  armies  and  their  leaders  with  wisdom, 
courage,  and  perseverance,  and  so  manifest  himself  in  the  great- 


First  Congress.  413 

ness  of  his  goodness  and  majesty  of  his  power,  that  we  may  be 
safely  and  successfully  led,  through  the  chastenings  to  which  we 
are  being  subjected,  to  the  attainment  of  an  honorable  peace ;  so 
that  while  we  enjoy  the  blessings  of  a  free  and  happy  govern 
ment  we  may  ascribe  to  him  the  honor  and  the  glory  of  our  in 
dependence  and  prosperity." 

A  recommendation  so  congenial  to  the  feelings  of  the  people 
will  receive  their  hearty  concurrence ;  and  it  is  a  grateful  duty  to 
the  Executive  to  unite  with  their  representatives  in  inviting  them 
to  meet  in  the  courts  of  the  Most  High.  Recent  events  awaken 
fresh  gratitude  to  the  Supreme  Ruler  of  nations.  Our  enemies 
have  suffered  repeated  defeats,  and  a  nefarious  scheme  to  burn 
and  plunder  our  capital,  and  to  destroy  our  civil  government  by 
putting  to  death  the  chosen  servants  of  the  people,  has  been  baf 
fled  and  set  at  naught.  Our  armies  have  been  strengthened,  our 
finances  promise  rapid  progress  to  a  satisfactory  condition,  and 
our  whole  country  is  animated  with  a  hopeful  spirit  and  a  fixed 
determination  to  achieve  independence. 

In  these  circumstances  it  becomes  us,  with  thankful  hearts,  to 
bow  ourselves  before  the  throne  of  the  Most  High,  and,  while 
gratefully  acknowledging  so  many  mercies,  confess  that  our  sins 
as  a  people  have  justly  exposed  us  to  his  chastisement.  Let  us 
recognize  the  sufferings  which  we  have  been  called  upon  to  en 
dure,  as  administered  by  a  Fatherly  hand  for  our  improvement, 
and  with  resolute  courage  and  patient  endurance  let  us  wait  on 
him  for  our  deliverance. 

In  furtherance  of  these  objects,  now,  therefore,  I,  Jefferson 
Davis,  President  of  the  Confederate  States  of  America,  do  issue 
this,  my  proclamation,  calling  upon  the  people  of  the  said  States, 
in  conformity  with  the  desire  expressed  by  their  representatives, 
to  set  apart  Friday,  the  eighth  day  of  April,  as  a  day  of  humiliation, 
fasting,  and  prayer ;  and  I  do  hereby  invite  them  on  that  day  to 
repair  to  their  several  places  of  public  worship  and  beseech  Al 
mighty  God  "to  preside  over  our  public  councils,  and  so  inspire 
our  armies  and  leaders  with  wisdom,  courage,  and  perseverance, 
and  so  manifest  himself  in  the  greatness  of  his  goodness  and  in 
the  majesty  of  his  power,  that  we  may  secure  the  blessings  of  an 
honorable  peace  and  of  free  government,  and  that  we,  as  a  people, 
may  ascribe  to  him  all  the  honor  and  glory  of  his  name." 


414  Messages  and  Papers  of  the  Confederacy. 

Given  under  my  hand  and  the  seal  of  the  Confederate 
,        ,    States  of  America,  at  the  city  of  Richmond,  on  this  twelfth 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-four.  JEFFERSON  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 


ADDRESS. 

General  Orders  No.  /o. 

ADJT.  AND  INSP.  GENERAL'S  OFFICE, 

RICHMOND,  February  10,  1864. 

The  following  address  of  the  President  is  published  for  the 
information  of  the  Army : 

Soldiers  of  the  Armies  of  the  Confederate  States. 

In  the  long  and  bloody  war  in  which  your  country  is  engaged 
you  have  achieved  many  noble  triumphs.  You  have  won  glorious 
victories  over  vastly  more  numerous  hosts.  You  have  cheerfully 
borne  privations  and  toil  to  which  you  were  unused.  You  have 
readily  submitted  to  restraints  upon  your  individual  will  that  the 
citizen  might  better  perform  his  duty  to  the  State  as  a  soldier. 
To  all  these  you  have  lately  added  another  triumph — the  noblest 
of  human  conquests — a  victory  over  yourselves. 

As  the  time  drew  near  when  you  who  first  entered  the  service 
might  well  have  been  expected  to  claim  relief  from  your  arduous 
labors  and  restoration  to  the  endearments  of  home  you  have 
heeded  only  the  call  of  your  suffering  country.  Again  you  come 
to  tender  your  service  for  the  public  defense — a  free  offering, 
which  only  such  patriotism  as  yours  could  make — a  triumph 
worthy  of  you  and  of  the  cause  to  which  you  are  devoted. 

I  would  in  vain  attempt  adequately  to  express  the  emotions 
with  which  I  received  the  testimonials  of  confidence  and  regard 
which  you  have  recently  addressed  to  me.  To  some  of  those 
first  received  separate  acknowledgments  were  returned.  But  it  is 
now  apparent  that  a  like  generous  enthusiasm  pervades  the  whole 


First  Congress.  415 

Army,  and  that  the  only  exception  to  such  magnanimous  tender 
will  be  of  those  who,  having  originally  entered  for  the  war, 
cannot  display  anew  their  zeal  in  the  public  service.  It  is,  there 
fore,  deemed  appropriate,  and  it  is  hoped  will  be  equally  ac 
ceptable,  to  make  a  general  acknowledgment,  instead  of  suc 
cessive  special  responses.  Would  that  it  were  possible  to  render 
my  thanks  to  you  in  person,  and  in  the  name  of  our  common 
country  as  well  as  in  my  own,  while  pressing  the  hand  of  each 
war-worn  veteran,  to  recognize  his  title  to  our  love,  gratitude,  and 
admiration ! 

Soldiers!  By  your  will  (for  you  and  the  people  are  but  one)  I 
have  been  placed  in  a  position  which  debars  me  from  sharing  your 
dangers,  your  sufferings,  and  your  privations  in  the  field.  With 
pride  and  affection  my  heart  has  accompanied  you  in  every  march ; 
with  solicitude  it  has  sought  to  minister  to  your  every  want ;  with 
exultation  it  has  marked  your  every  heroic  achievement.  Yet 
never,  in  the  toilsome  march,  nor  in  the  weary  watch,  nor  in  the 
desperate  assault,  have  you  rendered  a  service  so  decisive  in  re 
sults  as  in  this  last  display  of  the  highest  qualities  of  devotion  and 
self-sacrifice  which  can  adorn  the  character  of  the  warrior  patriot. 

Already  the  pulse  of  the  whole  people  beats  in  unison  with 
yours.  Already  they  compare  your  spontaneous  and  unanimous 
offer  of  your  lives  for  the  defense  of  your  country  with  the  halt 
ing  and  reluctant  service  of  the  mercenaries  who  are  purchased 
by  the  enemy  at  the  price  of  higher  bounties  than  have  hitherto 
been  known  in  war.  Animated  by  this  contrast,  they  exhibit 
cheerful  confidence  and  more  resolute  bearing.  Even  the  mur 
murs  of  the  weak  and  timid,  who  shrink  from  the  trials  which 
make  stronger  and  firmer  your  noble  natures,  are  shamed  into 
silence  by  the  spectacle  which  you  present.  Your  brave  battle 
cry  will  ring  loud  and  clear  through  the  land  of  the  enemy  as  well 
as  our  own,  will  silence  the  vainglorious  boastings  of  their  cor 
rupt  partisans  and  their  pensioned  press,  and  will  do  justice  to 
the  calumny  by  which  they  seek  to  persuade  a  deluded  people 
that  you  are  ready  to  purchase  dishonorable  safety  by  degrading 
submission. 

Soldiers !  The  coming  spring  campaign  will  open  under  aus 
pices  well  calculated  to  sustain  your  hopes.  Your  resolution 
needed  nothing  to  fortify  it.  With  ranks  replenished  under  the 


416  Messages  and  Papers  of  the  Confederacy. 

influence  of  your  example  and  by  the  aid  of  your  representatives, 
who  give  earnest  of  their  purpose  to  add,  by  legislation,  largely 
to  your  strength,  you  may  welcome  the  invader  with  a  confidence 
justified  by  the  memory  of  past  victories.  On  the  other  hand, 
debt,  taxation,  repetition  of  heavy  drafts,  dissensions,  occasioned 
ty  the  strife  for  power,  by  the  pursuit  of  the  spoils  of  office,  by 
the  thirst  for  the  plunder  of  the  public  Treasury,  and,  above  all, 
the  consciousness  of  a  bad  cause,  must  tell  with  fearful  force  upon 
the  overstrained  energies  of  the  enemy.  His  campaign  in  1864 
must,  from  the  exhaustion  of  his  resources  both  in  men  and 
money,  be  far  less  formidable  than  those  of  the  last  two  years, 
when  unimpaired  means  were  used  with  boundless  prodigality  and 
with  results  which  are  suggested  by  the  mention  of  the  glorious 
names  of  Shiloh  and  Perryville,  and  Murfreesboro  and  Chick- 
amauga,  and  the  Chickahominy  and  Manassas,  and  Fredericks- 
burg  and  Chancellorsville. 

Soldiers !  Assured  success  awaits  us  in  our  holy  struggle  for 
liberty  and  independence,  and  for  the  preservation  of  all  that 
renders  life  desirable  to  honorable  men.  When  that  success  shall 
be  reached,  to  you — your  country's  hope  and  pride — under  Divine 
Providence,  will  it  be  due.  The  fruits  of  that  success  will  not  be 
reaped  by  you  alone,  but  your  children  and  your  children's  chil 
dren,  in  long  generations  to  come,  will  enjoy  blessings  derived 
from  you  that  will  preserve  your  memory  ever  living  in  their 
hearts. 

Citizen-defenders  of  the  homes,  the  liberties,  and  the  altars  of 
the  Confederacy !  That  the  God  whom  we  all  humbly  worship 
may  shield  you  with  his  Fatherly  care,  and  preserve  you  for  safe 
return  to  the  peaceful  enjoyment  of  your  friends  and  the  asso 
ciation  of  those  you  most  love,  is  the  earnest  prayer  of  your  Com 
mander  in  Chief.  JEFFERSON  DAVIS. 

Richmond,  February  9,  1864. 

By  order: 

S.  COOPER,  Adjutant  and  Inspector  General. 


First  Congress.  417 

OFFICIAL  REGULATIONS  TO  CARRY  INTO  EFFECT 
THE  ACT  "TO  IMPOSE  REGULATIONS  UPON  THE 
FOREIGN  COMMERCE  OF  THE  CONFEDERATE 
STATES  TO  PROVIDE  FOR  THE  PUBLIC  DEFENSE." 

I. AS    TO    TITI-:    SEA. 

1.  The  owners  of  any  vessel  intending  to  sail  from  a  Confed 
erate  port  with  a  cargo  consisting  in  whole  or  in  part  of  cotton, 
tobacco,  military  and  naval  stores,  sugar,  molasses,  or  rice,  shall, 
before  lading  on  board  of  any  such  articles,  file  with  the  collector 
of  the  port  from  which  the  vessel  is  to  sail  a  copy  of  her  register 
with  a  declaration  of  the  names  of  the  owners  and  officers  thereof, 
the  place  of  their  birth  and  of  their  residence  for  the  preceding- 
year,  together  with  the  port  or  place  to  which  the  said  vessel  pro 
poses  to  sail.    The  said  declaration  shall  also  set  forth  the  quantity 
and  value,  in  Confederate  currency,  of  the  cargo  proposed  to  be 
taken  out,  as  also  the  consent  of  the  said  owners  that  one-half  of 
the  tonnage  of  the  said  vessel  may  be  employed  by  the  Confederate 
Government  for  its  own  use,  both  on  the  outward  and  homeward 
voyage,  at  the  rate  of  freight  hereinafter  mentioned.     The  col 
lector  shall  submit  a  statement  as  to  the  owners  and  officers  to 
the  military  commandant  of  the  port,  and  if  he  shall  not  object  to 
their  loyalty  or  to  the  sailing  of  the  vessel  for  reasons  of  military 
necessity  the  collector  shall  grant  a  permit  for  the  lading  of  the 
said  vessel,  one-half  for  account  of  the  owners  and  one-half  for 
account  of  the  Confederate  States. 

2.  Before  the  said  lading  shall  be  completed  the  owners  of  the 
vessel  shall  execute  to  the  Confederate  States  a  bond  in  double  the 
value  of  the  vessel,  with  security  deemed  adequate  by  the  col 
lector,  conditioned  that  she  will  pursue  the  voyage  designated,  and 
that  she  will  return  with  reasonable  dispatch  to  a  Confederate  port 
after  her  outward  cargo  shall  be  discharged,  with  a  cargo  con 
sisting  one-half  of  articles  not  prohibited  by  the  laws  of  the  Con 
federate  Government  and  the  other  half  of  such  articles  as  the 
Government  shall  offer  for  shipment  from  such  port,  at  the  rate 
of  freight  hereinafter  mentioned. 

3.  Each  shipper  of  any  portion  of  the  cargo  proposed  to  be 
laden  on  board  the  said  vessel  shall,  before  the  lading  thereof, 

27 


418  Messages  and  Papers  of  the  Confederacy. 

make  application  to  the  collector  for  a  permit  to  lade  the  same, 
which  application  shall  declare  the  articles  to  be  shipped  and  the 
quantity  and  value  thereof  in  Confederate  currency,  the  port  of 
destination,  and  the  name  of  the  consignee.  A  permit  shall  be 
granted  by  the  collector  if  the  application  is  deemed  satisfactory. 
The  lading  shall  be  had  under  the  inspection  of  a  revenue  officer, 
who  shall  be  charged  with  the  duty  of  seeing  that  the  goods  laden 
conform  to  the  permit. 

4.  Before  the  completion  of  the  lading  on  board  or  the  granting 
a  clearance  each  shipper  of  any  portion  of  the  cargo  shall  execute 
and  deliver  to  the  collector  a  bond  to  the  Confederate  States  in 
double  the  value  of  his  shipment  in  Confederate  money,  with  se 
curity  deemed  adequate  by   the  collector,  with  condition  that  at 
least  one-half  the  net  proceeds  of  said  shipment  shall  be  invested 
in  goods  or  articles  not  prohibited  by  law,  and  that  the  said  goods 
or  articles  shall  be  shipped  by  the  same  or  some  other  vessel  to  the 
Confederate  States  within  sixty  days  from  the  unlading  of  said 
cargo ;  or  that  the  said  half  of  the  net  proceeds  shall  be  paid  in  coin 
or   sterling  exchange   to  the  proper  agent  of   the   Confederate 
States,  to  be  reimbursed  to  the  shipper  by  the  delivery  to  him  of 
cotton  at  the  port  of  departure  in  the  Confederate  States  at  the 
rate  of  10  pence  sterling  per  pound  for  middling  uplands. 

5.  The  freight  to  be  paid  by  the  Confederate  States  on  all  cot 
ton  and  tobacco  shipped  from  a  Confederate  port  shall  be  5  pence 
sterling  per  pound,  payable  on  delivery  at  the  port  of  destination 
in  coin  or  sterling  exchange.    Return  freight  shall  be  at  the  rate  of 
£25  per  ton,  payable  on  its  delivery  in  the  Confederate  port,  in  cot 
ton  at  10  pence  sterling  per  pound  for  middling  uplands,  and  at  a 
proportionate  price  for  cotton  of  other  qualities.     In  calculating 
the  ton  of  freight  by  weight,  2,240  pounds  shall  be  allowed;  by 
measure,  40  cubic  feet  shall  be  allowed. 

6.  If  the  outward-bound  vessel  shall  consent,  at  the  request  of 
the  Government,  to  take  two-thirds  of  her  cargo  for  account  of 
the  Confederate   States,   the  outward   freight  shall  be  6  pence 
sterling  per  pound ;  and  whenever  the  Government  is  not  prepared 
to  fill  up  any  portion  of  the  tonnage  reserved  for  its  use  at  the 
time  at  which  any  vessel  may  be  made  ready  to  sail,  the  owners 
may  fill  up  the  same  on  their  own  account;  but  no  vessel  shall, 
without  consent  of  the  Government,  sail  on  her  outward  voyage 


First  Congress.  419 

until  one-third  of  her  cargo  shall  be  laden  for  the  use  of  the  Gov 
ernment. 

7.  The  rate  of  freight  for  articles  other  than  cotton  and  tobacco 
shall  be  adjusted  at  the  same  relative  rate  and  be  payable  in  the 
same  way. 

8.  The  Government  reserves  the  right  to  limit  or  prohibit  the 
shipment  of  resin,  turpentine,  or  any  manufacture  thereof,  when 
ever  deemed  dangerous  to  its  own  shipment. 

9.  Upon  the  completion  of  the  lading  of  the  vessel,  and  before 
receiving  her  clearance,  there  shall  be  delivered  to  the  collector,  in 
addition  to  the  usual  manifest,  another,  setting  forth  the  names, 
ages,  and  description  of  her  officers  and  crew  and  of  every  pas 
senger  intending  to  sail  in  her.    The  said  last-mentioned  manifest 
shall  be  delivered  to  the  commandant  of  the  port,  who  shall  there 
upon  cause  the  entire  vessel  to  be  searched,  and  if  satisfied  that  the 
parties  on  board  are  persons  who  may  safely  be  permitted  to  leave 
the  Confederacy,  and  the  passengers  have  the  proper  passports, 
he  shall  certify  the  same  on  the  manifest  and  return  the  same  to 
the   collector,  whereupon,  and  not  before,   a  clearance   shall  be 
granted  to  the  vessel,  and  she  shall  be  permitted  to  sail. 

10.  The  owners  of  each  vessel  and  of  each  portion  of  a  cargo 
sailing  from  a  Confederate  port  shall  be  allowed  to  take  up  their 
respective  bonds  by  producing  to  the  collector  the  certificate  of  the 
proper  agent  of  the  Confederate  Government  at  the  port  of  de 
livery,  setting  forth  the  particulars  showing  that  the  said  party 
has  complied  with  the  obligation  of  the  said  bond  so  far  as  the 
same  was  practicable ;  and  the  collector,  upon  being  duly  satisfied, 
shall  be  authorized  to  surrender  the  said  bonds. 

11.  Nothing  in  these  regulations  shall  be  so  construed  as  to  con 
flict  with  the  proviso  of  the  law  which  declares  "that  nothing  in 
this  act  shall  be  construed  to  prohibit  the  Confederate  States,  or 
any  of  them,  from  exporting  any  of  the  articles  herein  enumerated 
on  their  own  account ;"  nor  shall  a  bond  be  required  of  a  State  in 
any  case. 

12.  The  penalties  of  all  bonds  executed  in  conformity  with  these 
regulations  shall  be  recovered  in  full  on  proof  of  breach  of  the 
conditions  of  the  bond,  and  without  proof  of  any  damage  suffered 
by  the  Confederate  States  in  consequence  of  such  breach,  and  all 


420  Messages  and  Papers  of  the  Confederacy. 

bonds  shall  be  executed  in  such  force  as  to  give  effect  to  this  regu 
lation. 

13.  Vessels  sent  into  the  Confederacy  for  the  purpose  of  export 
ing  cotton  received  in  payment  of  any  Confederate  bond  or  obli 
gation  shall  be  subject  to  these  regulations  only  as  far  as  relates 
to  such  portion  of  the  tonnage,  if  any,  as  may  remain  vacant  after 
the  lading  of  the  cotton  received  in  payment  as  aforesaid. 

14.  The  regulations  for  overland  commerce  with  neutral  coun 
tries  will  be  issued  separately  within  a  few  days. 

Approved. 

C.  G.  MEM  MINCER,  Secretary  of  the  Treasury. 
JAMES  A.  SEDDON,  Secretary  of  War. 
Approved  March  5,  1864. 

JEFF'N  DAVIS. 


RESOLUTIONS  OF  THANKS. 

Whereas,  the  campaigns  of  the  brave  and  gallant  armies  cover* 
ing  the  capital  of  the  Confederate  States  during  the  two  successive 
years  of  eighteen  hundred  and  sixty-two  and  eighteen  hundred 
and  sixty-three,  under  the  leadership  and  command  of  General 
Robert  E.  Lee,  have  been  crowned  with  glorious  results,  defeat 
ing  greatly  superior  forces  massed  by  the  enemy  for  the  conquest 
of  these  States,  repelling  the  invaders  with  immense  losses,  and 
twice  transferring  the  battlefield  from  our  own  country  to  that 
of  the  enemy;  And  whereas,  the  masterly  and  glorious  achieve 
ments,  rendering  forever  memorable  the  fields  of  the  "Seven 
Days  of  Great  Battles,"  which  raised  the  siege  of  Richmond,  as 
well  as  those  of  Cedar  Run,  Second  Manassas,  Harper's  Ferry, 
Boonsboro,  Sharpsburg,  Shepherdstown,  Fredericksburg,  Win 
chester,  Gettysburg,  and  Chancellorsville,  command  the  admira 
tion  and  gratitude  of  our  country ;  And  whereas,  these  and  other 
illustrious  services  rendered  by  this  able  commander  since  the 
commencement  of  our  war  of  independence  have  especially  en 
deared  him  to  the  hearts  of  his  countrymen,  and  have  imposed  on 
Congress  the  grateful  duty  of  giving  expression  to  their  feelings : 
Therefore, 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 


first  Congress.  421 

That  the  thanks  of  Congress  are  due,  and  are  tendered,  to  General 
Robert  E.  Lee  and  to  the  officers  and  soldiers  of  the  Confederate 
armies  tinder  his  command,  for  the  great  and  signal  victories  they 
have  won  over  the  vast  hosts  of  the  enemy,  and  for  the  inestima 
ble  services  they  have  rendered  in  defense  of  the  liberty  and  in 
dependence  of  our  country. 

Resolved,  That  the  President  be  requested  to  communicate 
these  resolutions  to  General  Robert  K.  Lee,  and  to  the  officers  and 
soldiers  herein  designated. 

Approved  January  8,  1864. 

Whereas,  Major  Heros  von  Borcke,  of  Prussia,  Adjutant  and 
Inspector  General  of  the  cavalry  corps  of  the  Army  of  Northern 
Virginia,  having  left  his  own  country  to  assist  in  securing  the  in 
dependence  of  ours,  and  by  his  personal  gallantry  in  the  field 
having  won  the  admiration  of  his  comrades  as  well  as  that  of  his 
commanding  general,  all  of  whom  deeply  sympathize  with  him 
in  his  present  sufferings  from  the  wounds  received  in  battle: 
Therefore, 

Resolved  b\'  the  Congress  of  the  Confederate  States  of  ^lineriea, 
That  the  thanks  of  Congress  are  due,  and  the  same  are  hereby 
tendered,  to  Major  von  Borcke  for  his  self-sacrificing  devotion  to 
our  Confederacy,  and  for  his  distinguished  services  in  support  of 
its  cause. 

Resolved,  That  a  cop)  of  the  foregoing  resolution  be  trans 
mitted  to  Major  von  Borcke  by  the  President  of  the  Confederate 
States. 

Approved  January  30,  1864. 

Whereas,  the  Congress  of  the  Confederate  States  have  received, 
with  the  liveliest  emotions,  the  cheering  intelligence  that  a  large 
portion  of  the  Tennessee  troops  composing  the  Army  of  Tennessee, 
under  the  command  of  General  Joseph  E.  Johnston,  have  ten 
dered  their  services  to  the  country  during  the  war ;  it  is,  there 
fore, 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  hereby  cordially  given  to  the 
gallant  soldiers  of  Tennessee,  who  have,  in  advance  of  the  legisla 
tion  of  Congress,  and  before  their  three  years'  term  of  service  had 


422  Messages  and  Papers  of  the  Confederacy. 

expired,  voluntarily  tendered  their  services  to  the  country  during 
the  war,  with  the  heroic  determination  never  to  abandon  the  field 
till  the  last  vandal  invader  is  driven  from  our  soil  and  our  freedom 
won. 

Resolved,  That,  in  view  of  the  magnitude  of  the  struggle  in 
which  we  are  engaged,  and  the  great  stake  at  issue — the  freedom 
of  our  country — the  Congress  indulges  the  confident  hope  that 
the  example  so  heroically  set  by  their  brothers  in  arms  will  be 
followed  by  our  whole  Army,  thus  giving  to  the  world,  after  nearly 
three  years  of  arduous  struggle,  an  earnest  of  their  determination 
to  die  or  be  free. 

Resolved,  That  the  President  be  requested  to  have  the  foregoing- 
preamble  and  resolution  sent  to  the  commanders  of  the  Army, 
with  the  request  that  they  communicate  them  to  the  officers  and 
soldiers,  as  an  evidence  of  the  high  appreciation  in  which  they  are 
gratefully  held  by  the  Congress  of  the  Confederate  States  of 
America  for  their  heroic  valor  displayed  on  so  many  memorable 
occasions,  and  for  their  fortitude  and  perseverance  under  so  many 
trials. 

Approved  February  3,  1864. 

The  Congress  of  the  Confederate  States  having  learned  through 
the  public  press  of  the  reenlistment  for  the  war  of  the  North  Car 
olina  brigade  in  the  Army  of  Northern  Virginia  serving  under 
General  Robert  D.  Johnston :  Therefore, 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  patriotism  and  spirit  of  the  North  Carolina  troops, 
evinced  by  their  prompt  and  voluntary  devotion  of  themselves 
afresh  to  the  service  of  the  country,  are  beyond  all  praise,  and  de 
serve  the  unbounded  gratitude  of  the  country. 

Approved  February  6,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  tendered  to  the  gallant  troops 
from  the  State  of  Louisiana  in  the  Army  of  Tennessee,  who  have, 
with  signal  unanimity,  volunteered  their  services  for  the  war. 

Sec.  2.  Resolved,  That  the  lofty  and  self-sacrificing  spirit  ex 
hibited  by  this  noble  act  deserves,  and  will  receive,  the  commenda 
tion  and  gratitude  of  every  true  patriot. 


First  Congress.  423 

Sec.  3.  Resolved,  That  the  thanks  of  Congress  are  equally  due, 
and  are  tendered,  to  the  patriotic  and  self-sacrificing  troops  who, 
at  the  commencement  of  the  war,  placed  their  services  at  the  dis 
posal  of  their  country  without  condition  or  limit  as  to  time. 

Approved  February  6,  1864. 

Resolved,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  the  officers  and  men  of  the  Second  Florida  Regiment, 
who,  after  a  service  of  distinguished  gallantry  and  heroic  suffer 
ing  for  nearly  three  years,  did,  on  the  twenty-eighth  ultimo,  at  a 
meeting  held  near  Rapidan  Station,  Virginia,  resolve  to  reenlist 
for  the  war  at  the  expiration  of  their  present  term  of  service. 

Approved  February  6,  1864. 

Whereas,  the  Alabama  troops  composing  the  brigade  com 
manded  by  Brigadier  General  Cullen  A.  Rattle,  in  the  Army  of 
Northern  Virginia,  volunteered  in  the  service  of  the  Confederate 
States,  in  the  early  part  of  the  year  eighteen  hundred  and  sixty- 
one,  upon  the  first  call  for  troops  for  the  defense  of  Virginia,  have 
participated  in  every  battle  fought  by  that  army,  from  the  battle 
of  Seven  Pines  to  that  of  Gettysburg,  always  winning  by  their 
gallantry  and  devotion  deserved  praise  and  honor,  and  now,  after 
enduring  for  nearly  three  years  the  hardships  and  dangers  of 
active  military  service,  have  reenlisted  for  the  war:  Therefore, 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  cordially  ten 
dered,  to  the  Alabama  troops,  who,  by  their  renewing  the  offer 
of  their  services  to  the  country  for  the  war  in  advance  of  any  leg 
islative  action,  have  shown  a  spirit  undaunted,  a  heroic  determina 
tion  to  battle  ever  until  the  independence  of  their  country  is  es 
tablished,  and  a  consecration  to  the  cause  of  liberty  worthy  of  imi 
tation  by  their  comrades. 

Resolved,  That  the  President  be  requested  to  communicate  a 
copy  of  the  foregoing  preamble  and  resolution  to  the  commander 
and  troops  of  said  brigade  as  an  evidence  of  the  grateful  appre 
ciation  by  Congress  of  their  fortitude  and  heroism  during  the 
trials  and  dangers  of  past  services,  and  of  their  late  act  of  patriot 
ism,  confirming  the  faith  and  reassuring  the  hope  of  the  patriot. 

Approved  February  6,  1864. 


424  Messages  and  Papers  of  the  Confederacy. 

The  Congress  of  the  Confederate  States  of  America,  having 
learned  that  the  division  of  troops  commanded  by  Major  General 
Rodes  have  reenlisted  for  the  war,  do — 

Resolve,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  the  officers  and  troops  commanded  by  Major  General 
Rodes  for  the  patriotism  exhibited  by  them  in  reenlisting  for  the 
war  as  well  as  for  the  gallantry  they  have  always  displayed  upon 
the  field  of  battle ;  and  they  are  assured  that  their  country  will  al 
ways  bear  in  grateful  remembrance  the  noble  manner  in  which 
they  have  come  to  her  assistance  in  the  hour  of  her  need. 

Resolved,  further,  That  the  President  be  requested  to  commu 
nicate  this  resolution  to  General  Rodes  and  the  officers  and 
troops  under  his  command. 

Approved  February  6,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  hereby  cordially  ten 
dered,  to  the  gallant  brigade  of  North  Carolina  troops  com 
manded  by  Brigadier  General  S.  D.  Ramseur,  in  the  Army  of 
Northern  Virginia,  for  their  devoted  patriotism  in  unanimously 
offering  their  valuable  services  to  the  Confederacy  for  the  war, 
after  having  already  signalized  their  patriotic  zeal,  fortitude,  and 
valor  on  many  fields  of  battle  and  in  many  scenes  of  trial. 

Approved  February  6,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
Colonel  Thomas  G.  Lamar  and  the  officers  and  men  engaged  in  the 
gallant  and  successful  defense  of  Secessionville  against  the  greatly 
superior  numbers  of  the  enemy  on  the  sixteenth  day  of  June, 
eighteen  hundred  and  sixty-two. 

Approved  February  8,  1864. 

Resolved,  That  the  thanks  of  Congress  are  eminently  due,  and 
are  hereby  cordially  given,  to  Captain  Odium,  Lieutenant  Richard 
Dowling,  and  the  forty-one  men  composing  the  Davis  Guards, 
under  their  command,  for  their  daring,  gallant,  and  successful 
defense  of  Sabine  Pass,  Texas,  against  the  attack  made  by  the 
enemy  on  the  eighth  of  September  last,  with  a  fleet  of  five  gun- 


First  Congress.  425 

boats  and  twenty-two  steam  transports,  carrying  a  land  force  of 
fifteen  thousand  men. 

Resolved,  That  this  defense,  resulting,  under  the  providence  of 
God,  in  the  defeat  of  the  enemy,  the  capture  of  two  gunboats,  with 
more  than  three  hundred  prisoners,  including  the  commander  of 
the  fleet,  the  crippling  of  a  third  gunboat,  the  dispersion  of  the 
transports,  and  preventing  the  invasion  of  Texas,  constitutes,  in 
the  opinion  of  Congress,  one  of  the  most  brilliant  and  heroic 
achievements  in  the  history  of  this  war,  and  entitles  the  Davis 
Guards  to  the  gratitude  and  admiration  of  their  country. 

Resolved,  That  the  President  be  requested  to  communicate  the 
foregoing  resolutions  to  Captain  Odium.  Lieutenant  Dowling,  and 
the  men  under  their  command. 

Approved  February  8,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due.  and  are  hereby 
cordially  tendered,  to  General  G.  T.  Beauregard  and  the  officers 
and  men  of  his  command  for  their  gallant  and  successful  defense 
of  the  city  of  Charleston,  South  Carolina — a  defense  which  for  the 
skill,  heroism,  and  tenacity  displayed  by  the  defenders  during  an 
attack  scarcely  paralleled  in  warfare — whether  we  consider  the 
persistent  efforts  of  the  enemy  or  his  almost  boundless  resources 
in  the  most  improved  and  formidable  artillery  and  the  most  pow 
erful  engines  of  war  hitherto  known — is  justly  entitled  to  be  pro 
nounced  glorious  by  impartial  history  and  an  admiring  country. 

Resolved,  That  the  President  be  requested  to  communicate  the 
foregoing  resolution  to  General  Beauregard  and  the  officers  and 
men  of  his  command. 

Approved  February  8,  1864. 

Resolved,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  Major  General  .Patrick  R.  Cleburne  and  the  officers 
and  men  under  his  command  for  the  victory  obtained  by  them  over 
superior  forces  of  the  enemy  at  Ringgold  Gap,  in  the  State  of 
Georgia,  on  the  twenty-seventh  day  of  November,  eighteen  hun 
dred  and  sixty-three,  by  which  the  advance  of  the  enemy  was  im 
peded,  our  wagon  train  and  most  of  our  artillery  saved,  and  a 
large  number  of  the  enemy  killed  and  wounded. 


426  Messages  and  Papers  of  the  Confederacy. 

Resolved,  That  the  President  be  requested  to  communicate  the 
foregoing  resolution  to  Major  General  Cleburne  and  his  com 
mand. 

Approved  February  9,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  and  of  the  country  are  due,  and  are 
hereby  tendered,  to  the  members  of  McClung's  battery  for  the 
chivalrous  and  patriotic  manner  in  which  they  have  revolunteered 
and  tendered  their  services  for  the  war,  and  that  a  copy  of  this 
resolution  be  transmitted  to  them  without  delay. 

Approved  February  13,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
tendered,  to  the  officers  and  men  of  the  Tenth  Mississippi  Regi 
ment  for  having  patriotically  and  in  a  spirit  of  self-sacrificing  de 
votion  reenlisted  for  the  war. 

Resolved,  That  a  record  of  these  proceedings  be  forthwith  fur 
nished  to  the  troops  comprising  the  Tenth  Mississippi  Regiment. 

Approved  February  13,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America,, 
That  the  communication  of  Major  Francis  W.  Smith,  command 
ing  a  battalion  of  Virginia  artillery,  stationed  at  Drewry's  Bluff, 
composed  of  "United  artillery,"  Captain  Thomas  Kevill;  "John- 
ston  artillery,"  Captain  B.  J.  Epes;  "Neblett's  artillery,"  Captain 
W.  G.  Coleman;  and  "Southside  artillery,"  Captain  J.  W.  Drewry, 
announcing  their  voluntary  reenlistment  for  the  war,  is  hailed  with 
pleasure  by  Congress  as  an  evidence  of  unfaltering  devotion  to 
the  cause  of  liberty  and  independence  and  of  stern  determination 
to  resist  to  the  utmost  the  wicked  purposes  of  a  relentless  and 
merciless  foe. 

Resolved,  That  the  thanks  of  Congress  are  due,  and  are  hereby 
tendered,  to  the  officers  and  men  of  this  command  for  their  gal 
lant  and  patriotic  conduct  "in  unanimously  reenlisting  for  the  war 
under  such  regulations  as  Congress  may  prescribe." 

Approved  February  15,  1864. 


First  Congress.  427 

Rcsoli'cd  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  and  of  the  country  are  due,  and  are 
hereby  tendered,  to  the  officers  and  men  of  the  Twenty-Eighth  and 
Thirteenth  Regiments  of  North  Carolina  troops,  who  have  so 
gallantly  revolunteered  for  the  war,  and  have  pledged  themselves, 
their  lives,  and  fortunes  never  to  lay  down  their  arms  until  our 
soil  is  freed  from  the  invading  foe  and  our  independence  ob 
tained. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby,  through 
its  representatives  in  Congress,  tendered,  to  the  officers  and  men 
of  the  Third  Georgia  Regiment,  who  were  the  first  to  leave  their 
State  to  battle  on  the  soil  of  Virginia,  whose  gallant  dead  have 
been  left  on  many  of  her  historic  battlefields,  and  which  entire 
regiment,  to  a  man,  have  cheerfully  and  unanimously  reenlisted 
for  the  war,  heroically  resolving  that,  as  they  were  among  the  first 
to  take  up  arms  in  the  cause  of  liberty  and  independence,  they  will 
be  the  last  to  lav  them  down. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  gratefully 
tendered,  to  the  officers  and  men  of  the  gallant  Twenty-Second 
Regiment  of  Virginia  Infantry  for  their  noble  zeal  and  patriotism 
in  reenlisting  for  the  war. 

Approved  February  15,  1864. 

Resolved  by  the  Co)igress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  hereby  tendered  to  Hart's  bat 
tery,  Hampton's  legion,  South  Carolina  volunteers,  for  their  gal 
lant  and  patriotic  resolution,  recently  adopted,  to  reenlist  for  the 
war. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due  to  the  officers  and  men  of  the 
Forty-Sixth  and  Fifty-Fifth  Regiments  of  Tennessee  volunteers 


428  Messages  and  Papers  of  the  Confederacy. 

for  the  promptness  and  patriotism  they  have  displayed  in  unani 
mously  reenlisting  for  the  war  "under  such  regulations  as  Con 
gress  may  prescribe." 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  hereby  tendered  to  the  officers 
and  men  of  the  Sixteenth  Regiment  of  Mississippi  troops,  Colonel 
Samuel  E.  Baker  commanding,  for  their  patriotic  resolution,  re 
cently  adopted,  to  reenlist  for  the  war. 

Approved  February  15,  1864. 

Whereas,  in  addition  to  the  various  brigades  and  regiments  of 
veteran  troops  from  the  State  of  Alabama  to  whom  Congress  has 
heretofore  given  evidence  of  grateful  appreciation  by  vote  of 
thanks  for  reenlisting  for  the  war,  other  brigades  and  regiments 
are  nobly  coming  to  the  rescue  of  their  imperiled  country  by  such 
reenlistment,  thus  furnishing  evidence  that  the  citizen  soldiery 
from  that  State  have  determined  never  to  abandon  the  struggle  in 
which  we  are  engaged  until  our  independence  shall  have  been 
achieved:  Therefore — 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered, 
alike  to  the  gallant  soldiery  from  the  State  of  Alabama  who,  in 
the  first  instance,  enlisted  for  the  war,  and  to  those  who,  notwith 
standing  the  toils  and  hardships  of  many  a  weary  march  and  perils 
of  many  a  hard- fought  battle,  have  voluntarily  come  forward  and 
offered  their  labors  and  lives. 

Resolved,  That  such  noble  examples  of  heroism  and  self-sac 
rifice  will  ever  be  remembered  by  a  grateful  country,  and  should 
stimulate  all  those  who  remain  at  home  to  redouble  their  exertions 
to  provide,  not  only  for  the  comfort  and  efficiency  of  those  pa 
triotic  warriors,  but  for  their  families  and  loved  ones  whom  they 
have  left  behind. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America. 
That  the  thanks  of  Congress  are  due,  and  are  hereby  heartily  ten 
dered,  to  the  Seventh  and  Twelfth  Regiments  Virginia  Cavalry, 


First  Congress.  429 

for  the  patriotic  and  indomitable  spirit  they  have  displayed  in  so 
promptly  reenlisting  for  the  war,  and  that  they  have  entitled  them 
selves  to  the  lasting-  gratitude  of  their  country  in  thus  renewing 
their  vows  of  consecration  to  the  sacred  cause  of  Southern  inde 
pendence. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  the  Congress  are  due,  and  are  hereby  cordially 
tendered,  to  the  gallant  troops  of  Lomax's  cavalry  brigade,  for 
their  patriotic  example  in  reenlisting  for  the  war,  and  that  the 
lofty  and  determined  spirit  they  have  displayed  in  thus  dedicating 
themselves  afresh  to  the  cause  of  independence  will  entitle  them 
to  the  lasting  gratitude  of  their  country. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  the  Congress  are  due,  and  are  hereby  tendered, 
to  the  troops  in  the  Provisional  Army  of  the  Confederate  States 
from  the  State  of  Georgia,  who  have  so  promptly  and  so  gallantly 
reenlisted  for  the  war. 

Sec.  2.  That  the  action  of  those  who,  from  the  beginning,  have 
stood  in  front  of  danger  and  endured  every  hardship,  in  thus  so 
cheerfully  resolving  to  remain  the  voluntary  bulwark  of  our 
country's  defense,  is  commended  by  the  Congress  to  all  the  people 
of  the  Confederate  States  as  an  example  worthy  of  patriotic  emu 
lation,  and  should  be  accepted  by  every  one  as  the  signal  for  re 
newed  devotion  to  the  cause  and  for  increased  and  universal  en 
ergy  in  the  prosecution  of  a  struggle  on  the  issue  of  which  de 
pends  not  only  Confederate  and  State  independence,  but  the  very 
existence  of  constitutional  government  in  America. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
the  officers  and  men  of  the  Sixty-First  Virginia  Regiment  of  In 
fantry  and  the  Fifth  Virginia  Regiment  of  Cavalry,  for  having  pa 
triotically,  and  in  a  spirit  of  self-sacrificing  devotion,  reenlisted  for 
the  war. 


430  Messages  and  Papers  of  the  Confederacy. 

Sec.  2.  Resolved,  That  a  record  of  these  proceedings  be  forth 
with  furnished  to  the  troops  composing  the  above-named  regi 
ments. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  the  Congress  of  the  Confederate  States  are 
due,  and  are  hereby  tendered,  to  Commander  John  Taylor  Wood, 
Confederate  States  Navy,  and  to  the  officers  and  men  under  his 
command,  for  the  daring  and  brilliantly  executed  plans  which  re 
sulted  in  the  capture  of  the  United  States  transport  schooner 
"Elmore,"  on  the  Potomac  River;  of  the  ship  "Allegheny,"  and  the 
United  States  gunboats  "Satellite"  and  "Reliance ;"  and  the  United 
States  transport  schooners  "Golden  Rod,"  "Coquette,"  and  "Two 
Brothers,"  on  the  Chesapeake ;  and,  more  recently,  in  the  capture 
from  under  the  guns  of  the  enemy's  works  of  the  United  States 
gunboat  "Underwriter,"  on  the  Neuse  River,  near  Newbern,  North 
Carolina,  with  the  officers  and  crews  of  the  several  vessels  brought 
off  as  prisoners. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  tendered  to  the  Fifteenth,  Twen 
ty-Seventh,  and  Thirtieth  Regiments  of  North  Carolina  troops 
for  their  patriotic  devotion  to  our  cause  in  reenlisting  for  the  war. 

Approved  February  15,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
tendered,  to  the  enlisted  men  of  Douglas's  (Texas)  battery  for 
the  patriotic  resolutions  adopted  by  them  on  the  eighteenth  day  of 
January  last,  and  by  which  they  reenlisted  in  the  military  service 
of  the  country  for  the  war. 

Approved  February  16,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  reenlistment  of  the  Fifteenth  and  Twenty-Seventh  Reg 
iments  of  North  Carolina  troops,  Cooke's  brigade,  is  a  grateful 


First  Congress.  431 

testimony  of  devotion  to  the  great  cause  of  Southern  independ 
ence,  and  entitles  them  to  the  thanks  of  Congress  and  the  country. 

Resolved,  That  the  thanks  of  Congress  are  hereby  tendered  to 
the  officers  and  men  of  said  regiments  for  their  noble  and  patriot 
ic  conduct  in  reenlisting  for  the  war. 

Approved  February  16,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  Congress  hails  with  delight  the  manifestations  evinced  by 
the  brave  and  gallant  officers  and  privates  of  the  Ninth  Regiment, 
Alabama  Volunteers,  who  have  stood  under  the  tire  of  the  enemy 
for  near  three  years,  never  to  yield  to  Northern  oppression  ;  and 
for  this  act  of  patriotism  and  exalted  self-sacrifice  in  reenlisting 
for  the  war  the  thanks  of  Congress  and  the  country  are  eminently 
due  them.  That  the  example  of  those  brave  men  who  have  en 
dured  the  dangers  and  perils  of  the  war  since  its  commencement 
is  a  happy  omen  for  the  future,  and  should  encourage  Congress 
and  the  country  to  rest  with  an  abiding  hope  and  confidence  in  the 
success  of  our  arms  and  the  final  triumph  of  liberty,  under  the 
lead  of  those  brave  and  unconquerable  spirits. 

Approved  February  16,  1864. 

Rcsoh'cd  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
General  F.  Kirby  Smith  for  the  signal  victory  achieved  by  him  in 
the  battle  of  Richmond,  Kentucky,  on  the  thirtieth  of  August, 
eighteen  hundred  and  sixty-one  [1862],  and  to  all  the  officers  and 
soldiers  of  his  command  engaged  in  that  battle ;  and  especially  to 
General  Churchill,  General  Cleburne,  and  Colonel  Preston  Smith, 
of  whom  he  says:  "I  almost  fear  to  particularize,  lest  I  do  not  full 
justice  to  all.  But  I  cannot  close  without  expressing  my  admira 
tion  at  the  promptness  and  intelligence  with  which  Generals 
Churchill,  Cleburne,  and  Colonel  Preston  Smith  executed  the 
orders  given  to  them." 

Sec.  2.  Resolved,  That  special  acknowledgments  and  commen 
dation  are  declared  for  that  highest  order  of  generalship  with 
which  this  victory  was  followed  up,  utterly  annihilating  with  five 
thousand  an  army  of  ten  thousand,  of  whom  full  five  thousand 
were  actually  captured,  besides  the  slain  in  battle;  and  for  the 


432  Messages  and  Papers  of  the  Confederacy. 

brilliant  campaign,  in  which  the  speed,  vigor,  and  constancy  of  a 
rapid  advance  resulted  in  planting  the  Confederate  flag  upon  the 
capitol  of  Kentucky,  and  upon  the  shores  of  the  Ohio  River,  in 
front  of  the  great  city  of  Cincinnati. 

Sec.  3.  Resolved,  That  the  superior  generalship  displayed  in 
rapidly  gathering  the  immediate  fruits  of  a  victory,  and  in  follow 
ing  it  promptly  with  a  campaign  of  activity,  enterprise,  and  un 
wearied  constancy,  renders  it  worthy  of  the  applause  of  the  Gov 
ernment  and  the  emulation  of  the  Army. 

Sec.  4.  Resolved,  That  the  President  is  requested,  in  appropriate 
general  orders,  to  make  public  the  sense  of  Congress  in  the  prem 
ises,  and  to  cause  the  same  to  be  communicated  to  General  E. 
Kirby  Smith  and  the  officers  named,  and  to  be  read  at  the  head  of 
each  regiment  engaged  in  that  battle. 

Approved  February  17,  1864. 

Whereas,  Poague's  artillery  battalion,  Third  Army  Corps, 
Northern  Virginia,  has  patriotically  reenlisted  to  serve  during  the 
war:  Therefore — 

Resolved  b\  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  and  of  the  country  are  due,  and  are 
hereby  tendered,  to  the  officers  and  men  of  said  battalion  for  this 
act  of  noble  and  patriotic  devotion  to  the  cause  in  which  we  are 
engaged. 

Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
tendered,  to  the  officers  and  men  of  the  Thirty-Ninth  [Seventh] 
Mississippi  Regiment  for  their  patriotic  determination  to  con 
tinue  in  the  service  until  the  independence  of  these  States  shall 
have  been  firmly  established. 

Resolved,  That  the  President  be  requested  to  transmit  a  copy 
of  this  resolution  to  the  regiment  whose  patriotic  devotion  to 
their  country's  cause  it  is  designed  to  acknowledge. 

Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  and  the  country  are  due,  and  are 


J^irst  Congress.  433 

hereby  tendered,  to  the  officers  and  men  of  the  Thirty-Seventh 
Regiment  of  North  Carolina  troops  for  their  gallant  conduct  in  re- 
volunteering  for  the  war. 

Approved  February  17,  1864. 

The  Congress  of  the  Confederate  States  of  America  do  resolve. 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
the  enlisted  men  of  the  Surry  Light  Artillery,  Captain  J.  D.  I  lark- 
ins,  for  their  patriotic  resolutions  adopted  on  the  ninth  day  of 
February,  eighteen  hundred  and  sixty-four,  and  for  their  man 
ifestation  of  zeal  in  our  struggle  and  devotion  to  their  country's 
cause  by  reenlisting  for  the  war. 

Approved  February  17.  1864. 

Whereas,  the  Pee  Dee  Artillery  of  South  Carolina  Volunteers, 
early  in  the  present  struggle  for  Southern  independence,  tendered 
their  services  to  the  Government  for  the  period  of  the  war,  and 
have  recently  renewed  their  pledge  to  serve  their  country  until 
the  last  invader  is  driven  from  our  soil :  Therefore — 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  cordial1.}-  tendered. 
Pee  Dee  Artillery  of  South  Carolina  Volunteers,  for  their  patri 
otic  reenlistment  for  the  war. 

Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States,  That  the 
thanks  of  Congress  are  due,  and  are  hereby  tendered,  to  Orr's 
Rifles,  the  First,  Twelfth,  Thirteenth,  and  Fourteenth  Regiments, 
South  Carolina  Volunteers,  composing  McGowan's  Brigade,  for 
their  patriotic  devotion  to  the  cause  of  Southern  independence, 
as  manifested  by  their  recent  action,  unanimously  reiterating  their 
determination  to  serve  during  the  war;  in  thus  renewing  their 
pledges,  after  nearly  three  years  of  arduous  and  gallant  service, 
the}  have  met  the  expectation  of  their  country,  and  are  entitled 
to  its  approbation. 

Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  again  due,  and  are  hereby  ten- 
28 


434  Messages  and  Papers  of  the  Confederacy. 

dered,  to  General  N.  B.  Forrest  and  the  officers  and  men  of  his 
command  for  meritorious  service  in  the  field,  and  especially  for 
the  daring,  skill,  and  perseverance  exhibited  in  the  pursuit  and 
capture  of  the  largely  superior  forces  of  the  enemy  near  Rome, 
Georgia,  in  May  last;  for  gallant  conduct  at  Chickamauga,  and 
for  his  recent  brilliant  services  in  West  Tennessee. 
Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  hereby  cordially  ten 
dered,  to  Lieutenant  General  James  Longstreet  and  the  officers 
and  men  of  his  command  for  their  patriotic  services  and  brilliant 
achievements  in  the  present  war,  sharing,  as  they  have,  the  ardu 
ous  fatigues  and  privations  of  many  campaigns  in  Virginia,  Mary 
land,  Pennsylvania,  Georgia,  and  Tennessee,  and  participating  in 
nearly  every  great  battle  fought  in  those  States;  the  commanding 
General  ever  displaying  great  ability,  skill,  and  prudence  in  com 
mand,  and  the  officers  and  men  the  most  heroic  bravery,  forti 
tude,  and  energy,  in  every  duty  they  may  have  been  called  upon 
to  perform. 

Resolved,  That  the  President  be  lequested  to  transmit  a  copy 
of  the  foregoing  resolution  to  Lieutenant  General  Longstreet  for 
publication  to  his  command. 

Approved  February  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  cordially 
tendered,  to  Major  General  J.  E.  B.  Stuart  and  to  the  officers 
and  men  under  his  command  for  their  distinguished  gallantry 
and  skill  during  the  present  war,  especially  as  displayed  in  the 
summer  of  eighteen  hundred  and  sixty-two,  in  the  raid  around 
the  army  of  McClellan  across  the  Chickahominy,  the  expedition 
into  Pennsylvania,  and  to  Catlett's  Station,  and  in  the  battles  of 
Fleetwood,  Chancellorsville,  and  other  places. 

That  the  President  be  requested  to  communicate  this  resolution 
to  General  Stuart  and  the  officers  and  men  under  his  command. 

Approved  February  17,  1864. 


Robert  E.  Lee. 


Robert  E.  Lee. 

ROBERT  EDWARD  LEE  was  born  in  Stratford,  Westmoreland 
County,  Virginia,  January  19,  1807.  I  Us  father  was  General 
.Henry  Lee,  the  "Light-Horse  Harry"  of  the  Revolutionary  War. 
lie  attended  school  at  Alexandria,  Va.,  until  1825,  when  he  en 
tered  the  Military  Academy  at  West  Point,  from  which  he  gradu 
ated  in  1829  without  a  demerit,  second  in  a  class  of  forty-six;  was 
appointed  second  lieutenant  of  engineers  and  assigned  to  duty  at 
Old  Point  and  on  the  coasts:  was  assistant  to  the  Chief  of 
Engineers  at  Washington  in  1834,  and  the  next  year  was  on  the 
commission  to  mark  the  boundary  line  between  ( )hio  and  Mich 
igan  ;  was  promoted  first  lieutenant  in  1836  and  captain  of  en 
gineers  in  1838.  in  1837  was  ordered  to  the  Mississippi  River  to 
make  special  plans  and  surveys  for  its  improved  navigation  ;  in 
1840  was  a  military  engineer ;  in  1842  was  stationed  at  Fort  1  lam- 
ilton,  N.  Y.,  and  in  1844  one  of  the  Board  of  Visitors  at  West 
Point.  At  the  beginning  of  the  Mexican  War,  he  was  assigned  to 
duty  as  Chief  Engineer  of  the  Army  under  General  Wool,  with  the 
rank  of  captain,  and  at  the  request  of  General  Scott  was  assigned 
to  his  personal  staff.  He  rendered  conspicuous  service  through 
out  that  war,  particularly  at  Vera  Cruz,  Ccrro  Gordo,  Cheru- 
busco,  Molino  del  Rey,  and  Chapultepec.  He  was  three  times 
brevetted  for  gallant  conduct  during  the  war.  the  last  being  colonel 
of  engineers.  General  Scott,  in  his  official  report,  said  of  him,. 
"I  am  compelled  to  make  special  mention  of  Captain  R.  E.  Lee;" 
again,  of  one  of  his  acts,  he  said  it  was  "the  greatest  feat  of 
physical  and  moral  courage  performed  by  any  individual  in  my 
knowledge  pending  the  campaign ;"  and  again  referred  to  him  as 
being1  "as  distinguished  for  execution  as  for  science  and  daring," 
adding  that  his  "success  in  Mexico  \vas  largely  due  to  the  skill, 
valor,  and  undaunted  energy  of  Robert  E.  Lee ;"  and  with  empha 
sis  he  pronounced  him  "the  greatest  military  genius  in  America." 
After  the  Mexican  War,  up  to  1852.  he  was  with  the  engineers' 
corps,  headquarters  at  Baltimore ;  then  Superintendent  of  the  Mil- 

(437) 


438  Messages  and  Papers  of  the  Confederacy. 

itary  Academy  at  West  Point  until  1855,  when  he  was  promoted 
and  assigned  to  the  Second  Cavalry,  under  Col.  Albert  Sidney 
Johnston.  He  was  engaged  with  this  regiment  fighting  the  In 
dians  on  the  frontier  of  Texas  and  Mexico  from  1856  to  1861,  ex 
cept  that  in  October,  1859,  ne  was  temporarily  at  Washington  dur 
ing  the  John  Brown  raid  at  Harpers  Ferry,  and  was  sent  by  the 
President  to  suppress  that  movement,  a  duty  promptly  discharged 
by  him.  He  was  in  command  of  the  Department  of  Texas  in 
1 860-6 1,  when  the  Southern  States  began  to  secede  from  the 
Union,  and  was  called  to  Washington  about  the  date  of  the  inau 
guration  of  President  Lincoln.  When  it  became  known  that  war 
was  to  follow,  he  was  offered  high  position  in  the  United  States 
Army,  and  was  the  choice  of  General  Scott  for  the  chief  command. 
When  told  by  a  prominent  gentleman,  who  was  speaking  for  the 
President,  that  he  could  have  the  command  of  the  Army,  .he  replied 
that,  "though  opposed  to  secession  and  deprecating  war,  he  would 
take  no  part  in  the  invasion  of  the  Southern  States."  Promptly— 
that  is,  within  three  days — after  his  State,  Virginia,  passed  her 
ordinance  of  secession,  he  resigned  his  commission  in  the  Army, 
as  he  said  he  felt  conscientiously  bound  by  the  act  of  his  State. 
In  a  letter  to  his  sister,  written  then,  he  said :  "We  are  now  in  a 
state  of  war  which  will  yield  to  nothing.  The  whole  South  is  in 
a  state  of  revolution  into  which  Virginia,  after  a  long  struggle, 
has  been  drawn ;  and  though  I  recognize  no  necessity  for  this  state 
of  things,  and  would  have  forborne  and  pleaded  to  the  end  for 
the  redress  of  grievances,  real  or  supposed,  yet  in  my  own  person 
I  had  to  meet  the  question  whether  I  should  take  part  against  my 
native  State.  With  all  my  devotion  to  the  Union,  and  the  feeling 
of  loyalty  and  duty  of  an  American  citizen,  I  have  not  been  able 
to  make  up  my  mind  to  raise  my  hand  against  my  relatives,  my 
children,  my  home.  I  have,  therefore,  resigned  my  commission 
in  the  Army,  and,  save  in  defense  of  my  native  State — with  the 
sincere  hope  that  my  poor  services  may  never  be  needed — I  hope 
I  may  never  be  called  upon  to  draw  my  sword." 

April  23,  1861,  he  was  made  commander  in  chief  of  the  Virginia 
State  forces,  and  began  the  work  of  organization  for  the  State's 
defense.  On  April  25  he  said :  "No  earthly  power  would  give  me 
as  much  pleasure  as  to  restore  peace  to  my  country,  but  I  fear  it 
is  now  out  of  the  power  of  man,  and  in  God  alone  must  be  our 


Robert  E.  Lcc. 


439 


trust.  I  think  our  policy  should  be  purely  on  the  defensive,  to  re 
sist  aggression,  and  allow  time  to  allay  the  passions,  and  permit 
reason  to  resume  her  sway." 

May  14,  1861,  he  was  appointed  brigadier  general  in  the  Con 
federate  States  Army,  and  on  June  14,  1861,  a  lull  general ;  August 
3rd,  1 86 1,  was  given  command  of  operations  in  the  Trans-Alle- 
ghanv  region  of  Virginia;  November  5,  1861,  was  placed  in 
charge  of  the  defenses  on  the  coast  of  South  Carolina,  Georgia, 
and  Florida;  March  13,  1862,  assigned  to  duty  at  Richmond,  and 
charged  with  the  conduct  of  all  military  operations  of  the  Con 
federate  States  Army,  under  the  direction  of  the  President ;  June 
ist,  1862,  was  placed  in  command  of  the  Army  of  Northern  Vir 
ginia,  which  position  he  held  until  the  surrender  of  his  army  at 
Appomattox,  April  9,  1865;  January  31,  1865,  was  made  general 
in  chief,  and  on  February  6,  1865,  was  assigned  to  the  command 
of  all  of  the  armies  of  the  Confederate  States. 

Not  long  subsequent  to  the  closing  of  the  war,  he  said,  "All 
that  the  South  has  ever  desired  was  that  the  Union  as  established 
by  our  fathers  should  be  preserved,  and  that  the  Government  as 
originally  organized  should  be  administered  in  purity  and  truth ;" 
and  later  he  said,  "I  had  no  other  guide,  nor  had  I  any  other  object 
than  the  defense  of  those  principles  of  American  liberty  upon 
which  the  constitutions  of  the  several  States  were  originallv 
founded,  and  unless  they  are  strictly  observed,  I  fear  there  will 
be  an  end  of  Republican  government  in  this  country."  He  de 
voted  his  few  years  after  the  war  to  efforts  to  restore  harmony  to 
the  people  of  the  whole  country,  and  to  the  education  of  young 
men.  He  became  President  of  Washington  and  Lee  University, 
and  gave  his  entire  time  and  talents  to  that  institution.  He  died 
at  his  home,  in  Lexington,  October  12,  1870.  When  he  died,  it 
was  said  of  him :  "The  grave  of  this  noble  hero  is  bedewed  with 
the  most  tender  and  sacred  tears  ever  shed  upon  a  human  tomb. 
A  whole  nation  has  risen  up  in  the  spontaneity  of  its  grief  to 
render  the  tribute  of  its  love."  Benjamin  H.  Hill,  of  Georgia, 
said  of  him :  "When  the  future  historian  shall  come  to  survey  the 
character  of  Lee.  he  will  find  it  rising  like  a  huge  mountain  above 
the  undulating  plain  of  humanity,  and  he  must  lift  his  eyes  high 
toward  Heaven  to  catch  its  summit.  He  possessed  every  virtue 
of  other  great  commanders  without  their  vices.  He  was  a  foe 


440  Messages  and  Papers  of  the  Confederacy. 

without  hate,  a  friend  without  treachery,  a  soldier  without  cruel 
ty,  a  victor  without  oppression,  and  a  victim  without  murmuring. 
He  was  a  public  officer  without  vices,  a  private  citizen  without 
wrong,  a  neighbor  without  reproach,  a  Christian  without  hypoc 
risy,  and  a  man  without  guile.  He  was  a  Caesar  without  his  am 
bition,  Frederick  without  his  tyranny,  Napoleon  without  his 
selfishness,  and  Washington  without  his  reward.  He  was  obedi 
ent  to  authority  as  a  servant,  and  royal  in  authority  as  a  true  king. 
He  was  as  gentle  as  a  woman  in  life,  modest  and  pure  as  a  virgin 
in  thought,  watchful  as  a  Roman  vestal  in  duty,  submissive  to 
law  as  Socrates,  and  grand  in  battle  as  Achilles." 


Second  Congress. 


Second  Congress. 

FIRST  SESSION. 

MET  AT  RICHMOND,  VA.,  MAY  2,   1864.      ADJOURNED  JUNE   14,    1864. 

MESSAGES. 

RICHMOND,  May  2,  1864. 

To  the    Senate   and   House  of   Representatives   of  the   Confederate    States 
of  America. 

You  are  assembled  under  circumstances  of  deep  interest  to  your 
country,  and  it  is  fortunate  that,  coming  as  you  do  newly  elected 
by  the  people  and  familiar  with  the  condition  of  the  various  lo 
calities,  you  will  be  the  better  able  to  devise  measures  adapted  to 
meet  the  wants  of  the  public  service  without  imposing  unnecessary 
burdens  on  the  citizen.  The  brief  period  which  has  elapsed  since 
the  last  adjournment  of  Congress  has  not  afforded  sufficient  op 
portunity  to  test  the  efficacy  of  the  most  important  laws  then  en 
acted,  nor  have  the  events  occurring  in  the  interval  been  such  as 
materially  to  change  the  state  of  the  country. 

The  unjust  wrar  commenced  against  us  in  violation  of  the  rights 
of  the  States,  and  in  usurpation  of  power  not  delegated  to  the 
Government  of  the  United  States,  is  .still  characterized  by  the 
barbarism  with  which  it  has  heretofore  been  conducted  by  the  en- 
em}-.  Aged  men,  helpless  women,  and  children  appeal  in  vain  "o 
the  humanity  which  should  be  inspired  by  their  condition  for  im 
munity  from  arrest,  incarceration,  or  banishment  from  their 
homes.  Plunder  and  devastation  of  the  property  of  noncombat- 
ants,  destruction  of  private  dwellings,  and  even  of  edifices  devoted 
to  the  worship  of  God ;  expeditions  organized  for  the  sole  purpose 
of  sacking  cities,  consigning  them  to  the  flames,  killing  the  un 
armed  inhabitants,  and  inflicting  horrible  outrages  on  women  and 
children,  are  some  of  the  constantly  recurring  atrocities  of  the 
invader.  It  cannot  reasonably  be  pretended  that  such  acts  con 
duce  to  any  end  which  their  authors  dare  avow  before  the  civilized 
world,  and  sooner  or  later  Christendom  must  mete  out  to  them 

(443) 


444  Messages  and  Papers  of  the  Confederacy. 

the  condemnation  which  such  brutality  deserves.  The  suffering 
thus  ruthlessly  inflicted  upon  the  people  of  the  invaded  districts 
has  served  but  to  illustrate  their  patriotism.  Entire  unanimity  and 
zeal  for  their  country's  cause  have  been  preeminently  conspicu 
ous  among  those  whose  sacrifices  have  been  the  greatest.  So  the 
Army,  which  has  borne  the  trials  and  dangers  of  the  war,  which 
has  been  subjected  to  privations  and  disappointments  (tests  of 
manly  fortitude  far  more  severe  than  the  brief  fatigues  and  perils 
of  actual  combat),  has  been  the  center  of  cheerfulness  and  hope. 
From  the  camp  comes  the  voice  of  the  soldier  patriots  invoking 
each  who  is  at  home,  in  the  sphere  he  best  may  fill,  to  devote  his 
whole  energies  to  the  support  of  a  cause  in  the  success  of  which 
their  confidence  has  never  faltered.  They — the  veterans  of  many 
a  hard-fought  field — tender  to  their  country,  without  limit  of 
time,  a  service  of  priceless  value  to  us,  one  which  posterity  will 
hold  in  grateful  remembrance. 

In  considering  the  state  of  the  country  the  reflection  is  naturally 
suggested  that  this  is  the  Third  Congress  of  the  Confederate 
States  of  America.  The  Provisional  Government  was  formed,  its 
Congress  held  four  sessions,  lived  its  appointed  term,  and  passed 
away.  The  permanent  Government  was  then  organized,  its  differ 
ent  departments  established,  a  Congress  elected,  which  also  held 
four  sessions,  served  its  full  constitutional  term,  and  expired.  You, 
the  Second  Congress  under  the  permanent  Government,  are  now 
assembled  at  the  time  and  place  appointed  by  law  for  commencing 
your  session.  All  these  events  have  passed  into  history,  notwith 
standing  the  threat  of  our  prompt  subjugation  made  three  years 
ago  by  a  people  that  presume  to  assert  a  title  to  govern  States 
whose  separate  and  independent  sovereignty  was  recognized  by 
treaty  with  France  and  Great  Britain  in  the  last  century,  and  re 
mained  unquestioned  for  nearly  three  generations.  Yet  these 
very  Governments,  in  disregard  of  duty  and  treaty  obligations 
which  bind  them  to  recognize  as  independent  Virginia  and  other 
Confederate  States,  persist  in  countenancing  by  moral  influence, 
if  not  in  aiding  by  unfair  and  partial  action,  the  claim  set  up  by 
the  Executive  of  a  foreign  Government  to  exercise  despotic  sway 
over  the  States  thus  recognized,  and  treat  the  invasion  of  them 
by  their  former  limited  and  special  agent  as  though  it  were  the 
attempt  of  a  sovereign  to  suppress  a  rebellion  against  lawful  att- 


Second  Congress.  445 

thority.  Ungenerous  advantage  has  been  taken  of  our  present 
condition,  and  our  rights  have  been  violated,  our  vessels  of  war 
detained  in  ports  to  which  they  had  been  invited  by  proclamations 
of  neutrality,  and  in  one  instance  our  flag  also  insulted  where  the 
sacred  right  of  asylum  was  supposed  to  be  secure ;  while  one  of 
these  Governments  has  contented  itself  with  simply  deprecating, 
by  deferential  representations,  the  conduct  of  our  enemy  in  the 
constantly  recurring  instances  of  his  contemptuous  disregard  of 
neutral  rights  and  flagrant  violations  of  public  law.  It  may  be  that 
foreign  governments,  like  our  enemies,  have  mistaken  our  desire 
for  peace,  unreservedly  expressed,  for  evidence  of  exhaustion,  and 
have  thence  inferred  the  probability  of  success  in  the  effort  to  sub 
jugate  or  exterminate  the  millions  of  human  beings  who,  in  these 
States,  prefer  any  fate  to  submission  to  their  savage  assailants. 
I  see  no  prospect  of  an  early  change  in  the  course  heretofore  pur 
sued  by  these  Governments  ;  but  when  this  delusion  shall  have  been 
dispelled  and  when  our  independence  by  the  valor  and  fortitude 
of  our  people  shall  have  been  won  against  all  the  hostile  influences 
combined  against  us,  and  can  no  longer  be  ignored  by  open  foes 
or  professed  neutrals,  this  war  will  have  left  with  its  proud  mem 
ories  a  record  of  many  wrongs  which  it  may  not  misbecome  us 
to  forgive,  some  for  which  we  may  not  properly  forbear  from  de 
manding  redress.  In  the  meantime  it  is  enough  for  us  to  know 
that  every  avenue  of  negotiation  is  closed  against  us  ;  that  our 
enemy  is  making  renewed  and  strenuous  efforts  for  our  destruc 
tion,  and  that  the  sole  resource  for  us,  as  a  people  secure  in  the 
justice  of  our  cause  and  holding  our  liberties  to  be  more  precious 
than  all  other  earthly  possessions,  is  to  combine  and  apply  every 
available  element  of  power  for  their  defense  and  preservation. 

On  the  subject  of  the  exchange  of  prisoners  I  greatly  regret  to 
be  unable  to  give  you  satisfactory  information.  The  Government 
of  the  United  States,  while  persisting  in  failure  to  execute  the 
terms  of  the  cartel,  make  occasional  deliveries  of  prisoners,  and 
then  suspend  action  without  apparent  cause.  I  confess  my  ina 
bility  to  comprehend  their  policy  or  purpose.  The  prisoners  held 
by  us,  in  spite  of  humane  care,  are  perishing  from  the  inevitable 
effects  of  imprisonment  and  the  homesickness  produced  by  the 
hopelessness  of  release  from  confinement.  The  spectacle  of  their 
suffering  augments  our  longing  desire  to  relieve  from  similar 


446  Messages  and  Papers  of  the  Confederacy. 

trials  our  own  brave  men  who  have  spent  so  many  weary  months 
in  a  cruel  and  useless  imprisonment,  endured  with  heroic  con 
stancy.  The  delivery,  after  a  suspension  of  some  weeks,  has  just 
been  resumed  by  the  enemy ;  but  as  they  give  no  assurance  of  in 
tent  to  carry  out  the  cartel,  an  interruption  of  the  exchange  may 
recur  at  any  moment. 

The  reports  of  the  Departments,  herewith  submitted,  are  re 
ferred  to  for  full  information  in  relation  to  the  matters  appertain 
ing  to  each.  There  are  two  of  them  on  which  I  deem  it  necessary 
to  make  special  remark.  The  report  of  the  Secretary  of  the  Treas 
ury  states  Tacts  justifying  the  conclusion  that  the  law  passed  at 
the  last  session  for  the  purpose  of  withdrawing  from  circulation 
the  large  excess  of  Treasury  notes  heretofore  issued  has  had  the 
desired  effect,  and  that  by  the  1st  of  July  the  amount  in  circulation 
will  have  been  reduced  to  a  sum  not  exceeding  $230,000,000.  It 
is  believed  to  be  of  primary  importance  that  no  further  issue  of 
notes  should  take  place,  and  that  the  use  of  the  credit  of  the  Gov 
ernment  should  be  restricted  to  the  two  other  modes  provided  by 
Congress — viz.,  the  sale  of  bonds  and  the  issue  of  certificates  bear 
ing  interest  for  the  price  of  supplies  purchased  within  our  limits. 
The  law  as  it  now  stands  authorizes  the  issue  by  the  Treasury  of 
new  notes  to  the  extent  of  two-thirds  of  the  amount  received  under 
its  provisions.  The  estimate  of  the  amount  funded  under  the  law 
is  shown  to  be  $300,000,000,  and  if  two- thirds  of  this  sum  be  re 
issued  we  shall  have  an  addition  of  $200,000,000  to  our  circula 
tion,  believed  to  be  already  ample  for  the  business  of  the  country. 
The  addition  of  this  large  sum  to  the  volume  of  the  currency  would 
be  attended  by  disastrous  effects  and  would  produce  the  speedy  re 
currence  of  the  evils  from  which  the  funding  law  has  rescued  the 
country.  If  our  arms  are  crowned  with  the  success  which  we 
have  so  much  reason  to  hope,  we  may  well  expect  that  this  war 
cannot  be  prolonged  beyond  the  current  year,  and  nothing  would 
so  much  retard  the  beneficent  influence  of  peace  on  all  the  interests 
of  our  country  as  the  existence  of  a  great  mass  of  currency  not 
redeemable  in  coin.  With  our  vast  resources  the  circulation,  if 
restricted  to  its  present  volume,  would  be  easily  manageable,  and 
by  gradual  absorption  in  payment  of  public  dues  would  give  place 
to  the  precious  metals,  the  only  basis  of  a  currency  adapted  to 
commerce  with  foreign  countries.  In  our  present  circumstances 


Second  Congress.  447 

I  know  of  no  mode  of  providing  for  the  public  wants  which  would 
entail  sacrifices  so  great  as  a  fresh  issue  of  Treasury  notes,  and 
I  trust  that  you  will  concur  in  the  propriety  of  absolutely  for 
bidding  any  increase  of  those  now  in  circulation. 

Officers  have  been  appointed  and  dispatched  to  the  trans-Mis 
sissippi  States  and  the  necessary  measures  taken  for  the  execution 
of  the  laws  enacted  to  obviate  delays  in  administering  the  Treas 
ury  and  other  Executive  Departments  in  those  States,  but  suffi 
cient  time  has  not  elapsed  to  ascertain  the  results. 

In  relation  to  the  most  important  of  all  subjects  at  the  present 
time,  the  efficiency  of  our  armies  in  the  field,  it  is  gratifying  to 
assure  you  that  the  discipline  and  instruction  of  the  troops  have 
kept  pace  with  the  improvement  in  material  and  equipment.  We 
have  reason  to  congratulate  ourselves  on  the  results  of  the  legis 
lation  on  this  subject,  and  on  the  increased  administrative  energy 
in  the  different  bureaus  of  the  War  Department,  and  may  not  un 
reasonably  indulge  anticipations  of  commensurate  success  in  the 
ensuing  campaign. 

The  organization  of  reserves  is  in  progress,  and  it  is  hoped  they 
will  be  valuable  in  affording  local  protection  without  requiring  de 
tails  and  detachments  from  active  force. 

Among  the  recommendations  contained  in  the  report  of  the 
Secretary  of  War,  your  attention  is  specially  invited  to  those  in 
which  legislation  is  suggested  on  the  following  subjects — viz. : 

The  tenure  of  office  of  the  general  officers  in  the  Provisional 
Army,  and  a  proper  discrimination  in  the  compensation  of  the 
different  grades. 

The  provision  required  in  aid  of  invalid  officers  who  have  re 
signed  in  consequence  of  wounds  or  sickness  contracted  while  in 
service. 

The  amendment  of  the  law  which  deprives  officers  in  the  field  of 
the  privilege  of  purchasing  rations,  and  thus  adds  to  their  em 
barrassment,  instead  of  conferring  the  benefit  intended. 

The  organization  of  the  general  staff  of  the  Army,  in  relation 
to  which  a  special  message  will  shortly  be  addressed  to  you,  con 
taining  the  reasons  which  compel  me  to  withhold  my  approval  of 
a  bill  passed  by  your  predecessors  at  too  late  a  period  of  the  ses 
sion  to  allow  time  for  returning  it  for  their  reconsideration. 


448  Messages  and  Papers  of  the  Confederacy. 

The  necessity  for  an  increase  in  the  allowance  now  made  for  the 
transportation  of  officers  traveling  under  orders. 

The  mode  of  providing  officers  for  the  execution  of  the  con 
script  laws. 

The  means  of  securing  greater  dispatch  and  more  regular  ad 
ministration  of  justice  in  examining  and  disposing  of  the  records 
of  cases  reported  from  the  courts-martial  and  military  courts  in 
the  Army. 

The  recent  events  of  the  war  are  highly  creditable  to  our  troops, 
exhibiting  energy  and  vigilance  combined  with  the  habitual  gal 
lantry  which  they  have  taught  us  to  expect  on  all  occasions.  We 
have  been  cheered  by  important  and  valuable  successes  in  Florida, 
northern  Mississippi,  western  Tennessee  and  Kentucky,  west 
ern  Louisiana,  and  eastern  North  Carolina,  reflecting  the  highest 
honor  on  the  skill  and  conduct  of  our  commanders  and  on  the 
incomparable  soldiers  whom  it  is  their  privilege  to  lead.  A  naval 
attack  on  Mobile  was  so  successfully  repulsed  at  the  outer  works 
that  the  attempt  was  abandoned,  and  the  nine  months'  siege  of 
Charleston  has  been  practically  suspended,  leaving  that  noble  city 
and  its  fortresses  imperishable  monuments  to  the  skill  and  forti 
tude  of  its  defenders.  The  armies  in  northern  Georgia  and  in 
northern  Virginia  still  oppose  with  unshaken  front  a  formidable 
barrier  to  the  progress  of  the  invader,  and  our  generals,  armies, 
and  people  are  animated  by  cheerful  confidence. 

Let  us,  then,  while  resolute  in  devoting  all  our  energies  to  se 
curing  the  realization  of  the  bright  auspices  which  encourage  us, 
not  forget  that  our  humble  and  most  grateful  thanks  are  due  to 
Him  without  whose  guidance  and  protecting  care  all  human  efforts 
are  of  no  avail,  and  to  whose  interposition  are  due  the  manifold 
successes  with  which  we  have  been  cheered. 

JEFFERSON  DAVIS. 


To  the  Senate  of  the  Confederate  States. 

The  action  of  the  Senate  on  the  nominations  for  field  officers 
of  the  Eleventh  Mississippi  Regiment,  which  occurred  on  the  eve 
of  your  adjournment  at  the  last  session,  was  not  communicated  to 
me  till  after  the  adjournment.  I  was  then  unable  to  return  the 
nomination  of  Colonel  Green  for  your  reconsideration  (his  re- 


Second  Congress.  449 

jection  appearing  to  have  been  based  on  an  error),  and  have  kept 
the  whole  subject  open  for  further  action  at  the  present  session, 
when  you  could  be  informed  of  the  facts. 

The  resolution  of  the  Senate  is  in  the  following  wrords : 

"Resolved,  That  the  nomination  of  F.  M.  Green  to  be  colonel 
of  the  Eleventh  Mississippi  Regiment  be  rejected  for  the  reason 
that  in  the  opinion  of  the  Senate  W.  B.  Lowry  is  the  senior  and 
ranking  officer." 

If  the  Senate  had  at  the  same  time  suspended  its  action  on  the 
other  nominations,  there  could  have  been  no  difficulty  in  awaiting 
its  present  session  for  a  settlement  of  the  legal  rights  of  the  of 
ficers  of  this  regiment,  which  cannot  be  affected  by  the  action  of 
the  Executive,  or  the  Senate,  or  of  both  combined,  inasmuch  as 
they  are  vested  by  act  of  Congress,  which  has  the  constitutional 
power  to  determine  the  rules  of  promotion  in  the  service.  But 
probably  not  perceiving,  in  the  press  of  business  at  the  close  of 
the  session,  what  would  be  the  result  of  its  action  if  carried  into 
effect,  the  Senate  confirmed  the  nominations  of  the  lieutenant 
colonel  and  major,  thus  subordinating  to  two  of  his  juniors  the 
senior  captain  of  the  regiment,  who  had  been  in  command  of  it  to 
the  entire  satisfaction  of  his  superior  for  more  than  nine  months, 
and  who  had  been  adjudged  to  be  the  senior  captain  after  an  ex 
amination  of  the  rights  of  the  different  claimants  for  seniority  at 
the  War  Department. 

I  was  compelled,  in  order  to  avoid  this  result,  to  decline  com 
missioning  either  of  the  field  officers  confirmed  by  you,  leaving 
each  of  the  captains  in  his  former  rank  of  captain  and  leaving 
Captain  Green  in  command  of  the  regiment,  till  your  attention  had 
beeri  called  to  the,  case  and  full  information  \vas  placed  within 
your  reach. 

The  law  and  facts  appear  to  me  to  admit  of  but  one  conclusion, 
and  they  are  now  presented  as  succinctly  as  possible. 

ist.  In  this  regiment,  originally  enlisted  for  twelve  months,  Cap 
tain  Lo\vry  was  senior  to  Captain  Green. 

2d.  Under  act  No.  306  of  Provisional  Congress  (nth  De 
cember,  1861)  Captain  Green's  company  reenlisted  for  the  war, 
and  he  was  reflected  captain  under  the  provisions  of  the  4th  sec 
tion,  and  by  the  terms  of  act  No.  397,  of  1 5th  February,  1862 
(which  may  have  been  overlooked  by  the  Senate),  his  commission 
29 


450  Messages  and  Papers  of  the  Confederacy. 

under  this  reelection  took  date  from  his  former  commission,  so 
that  he  is  a  captain  of  the  year  1861. 

3d.  On  the  i6th  April,  1862,  the  conscript  law  was  passed  at  the 
first  session  of  the  Permanent  Congress,  and  by  its  first  sec 
tion  all  companies  whose  original  term  of  service  was  for  twelve 
months  were  allowed  the  privilege  of  reorganizing  and  electing 
officers,  "who  shall  be  commissioned  by  the  President."  But 
Congress  did  not  extend  to  the  officers  thus  reflected  the  priv 
ilege  of  back  date  to  their  commissions,  which  had  been  accorded 
by  the  Provisional  Congress  to  those  who  voluntarily  reenlisted 
under  the  bounty  and  furlough  laws. 

Only  two  companies  of  the  Eleventh  Regiment  volunteered  re- 
enlistment,  of  which  Captain  Green's  was  one,  and  Captain  Frank 
lin's  the  other.  The  remaining  companies  were  reenlisted  by  con 
scription.  Captain  Franklin  is  no  longer  in  the  service.  Under 
the  laws  as  they  stand  on  the  Statute  Book,  Captain  Green's  com 
mission  is  the  only  one  in  the  regiment  that  bears  date  in  1861. 
The  remaining  commissions,  being  all  under  the  conscript  act  of 
1862,  are  necessarily  subsequent  to  its  passage. 

It  is  due  to  candor  to  observe  that  the  conclusion  reached  by 
the  Senate  in  its  resolution  that  Captain  Lowry  was  the  senior 
captain  is  in  conformity  with  a  general  order  issued  by  the  War 
Department  on  the  9th  July,  1862  (Gen.  Orders  No.  47,  Par.  4), 
but  many  complaints  having  been  made  against  the  effects  of  this 
order,  the  whole  subject  was  carefully  investigated  by  me,  and 
that  order  was  modified  on  the  5th  March,  1863,  by  Gen.  Order 
No.  24,  Par.  i.  When,  therefore,  in  the  following  May,  the  ques 
tion  of  seniority  between  Captains  Green  and  Lowry  was  pre 
sented  to  me  for  decision  the  question  of  law  was  no  longer  open, 
and  nothing  remained  but  to  ascertain  the  facts,  which  were  found 
to  be  in  accordance  with  the  foregoing  narration. 

I  now  respectfully  send  again  to  the  Senate  the  nomination  of 
Captain  Green,  to  the  office  for  which  it  has  not  been  suggested 
he  is  incompetent,  which  he  held  for  many  months,  and  to  which, 
according  to  my  best  judgment,  he  has  rights  vested  in  him  by 
the  laws.  I  am  confident  the  Senate  would  never  have  consented 
to  prejudice  those  rights  if  they  had  been  in  full  possession  of  the 
facts.  JEFFERSON  DAVIS. 

Executive  Department,  Richmond,  4th  May,  1864. 


Second  Congress.  451 

RICHMOND,  VA.,  May  4,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication*  from  the  Secretary  of  the 
Navy,  and  invite  your  attention  to  his  request  for  an  early  con 
sideration  of  it.  JEFFERSON  DAVIS. 


RICH  MUNI),  YA..  May  5,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  two  communications 
from  the  Secretary  of  the  Treasury,  submitting  estimates  of  addi 
tional  appropriations  required  for  the  support  of  the  Government. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  May  18,  1864. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  an  estimate  of  an 
additional  appropriation  required  for  the  support  of  the  Govern 
ment.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  18,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Attorney  General,  submitting  estimates  of  additional  ap 
propriations  required  for  the  support  of  the  Government. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  18,  1864. 
To  the  Senate  and  House  of  Representatives. 

Agreeably  to  the  recommendation  of  the  Secretary  of  State,  I 
hereby  nominate  P.  X.  Lynch  to  be  Special  Commissioner  of  the 
Confederate  States  to  the  States  of  the  Church. 

JEFFERSON  DAVIS. 

^Relative  to  a  fund  raised  by  ladies  of  South  Carolina  for  the  con 
struction  of  an  ironclad  gunboat  for  the  defense  of  that  State. 


452  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  May  19,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  a  copy  of  the  reports  of  General 
Bragg  and  his  subordinate  commanders  of  the  battle  of  Chicka- 
niauga.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  20,  1864. 

To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  loth  inst,  I  herewith 
transmit  for  your  information  a  communication  from  the  Post 
master  General  relative  to  the  steps  taken  to  secure  the  transmis 
sion  and  delivery  of  the  mails  from  the  post  office  in  this  city 
during  the  past  two  weeks.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  May  20,  1864. 
To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

The  following  resolution  passed  by  the  House  on  the  I4th  in 
stant  has  been  received : 

Resolved,  That  the  President  be  requested  to  inform  the  House,  if  not 
incompatible  with  the  public  interest,  whether  the  reasons  given  in  his 
special  message  for  suspending  the  writ  of  habeas  corpus  still  exist,  and 
what  additional  reasons  now  exist  to  such  extent  that  the  public  safety 
requires  the  continuance  of  the  suspension  thereof. 

In  my  opinion  the  reasons  given  in  the  special  message  trans 
mitted  to  Congress  at  its  last  session,  recommending  the  suspen 
sion  of  the  writ  of  habeas  corpus,  still  exist  in  undiminished  force 
and  the  present  juncture  especially  requires  the  continuance  of 
the  suspension.  The  effects  of  the  law  for  that  purpose  have  been 
most  salutary,  and  to  that  law  in  no  inconsiderable  degree  are  we 
indebted  for  the  increased  efficiency  of  the  military  preparations 
which  have  enabled  our  gallant  armies,  under  the  providence  of 
God,  to  beat  back  the  vast  invading  forces  which  still  threaten  us. 

In  my  judgment  it  would  be  perilous,  if  not  calamitous,  to  dis 
continue  the  suspension  while  the  armies  of  the  enemy  are  press 
ing  on  our  brave  defenders  with  persistent  effort  for  their  destruc 
tion  and  for  the  subjugation  of  our  country. 


Second  Congress.  453 

It  is  a  source  of  gratification  to  be  able  to  inform  you  that  the 
mere  passage  of  the  law  suspending  the  writ  was  so  effectual  in 
restraining  those  who  were  engaged  in  treasonable  practices  and 
in  dangerous  complicity  with  our  enemies  that  the  instances  are 
very  few  in  which  arrests  were  found  necessary. 

The  effect  of  the  law  in  preventing  the  abuse  of  the  writ  for  the 
purpose  of  avoiding  military  service  by  men  whose  plain  duty  it 
is  to  defend  their  country  can  hardly  be  overestimated'. 

The  sensitiveness  exhibited  in  different  parts  of  our  country  to 
the  legislation  on  this  subject  is  indicative  of  the  love  of  freedom 
which  is  innate  among  the  people,  and  which  should  ever  be  cher 
ished  as  the  sole  guaranty  for  the  preservation  of  their  constitu 
tional  liberties.  It  is  not  doubted,  however,  that  if  those  who  have 
expressed  dissatisfaction  with  the  law  had  been  in  possession  of 
the  information  which  it  was  my  duty  to  communicate  to  you,  and 
which  may  not  yet  be  revealed  without  injury  to  the  public  inter 
est,  they  would  fully  have  approved  the  exercise  of  the  power  of 
suspending  the  writ,  which  was  intrusted  to  Congress  by  the  Con 
stitution.  All  trusts  impose  duties.  The  power  was  intrusted 
expressly  with  the  intent  that  it  should  be  used  when  necessary  to 
the  public  safety  in  case  of  invasion.  Congress,  concurring  with 
me  that  the  exigency  had  arisen  which  required  the  exercise  of 
the  power,  performed  but  a  plain  duty  in  passing  the  law,  and  such 
will,  I  doubt  not,  be  the  judgment  of  the  people  when  the  facts 
can  be  made  known  without  detriment  to  their  interests. 

JEFFERSOX  DAVIS. 

RICHMOND,  Y.\.,  May  ->4th,  1804. 
To  the  House  of  Representatives. 

In  further  response  to  your  resolution  of  the  lOth  inst.,  I  here 
with  transmit  for  your  information  a  communication  from  the 
Postmaster  General  relative  to  the  steps  taken  to  secure  the  trans 
portation  and  delivery  of  the  mails  from  the  post  office  in  this  city 
during  the  past  two  weeks.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  May  28,  1864. 
To  the   House  of  Representatives. 

In  response  to  a  resolution  01  the  House  of  Representatives  of 
the  1 5th  January  last,  I  herewith  transmit  for  your  information 


454  Messages  and  Papers  of  the  Confederacy. 

a  communication  from  the  Secretary  of  War,  covering  a  list  of 
those  who  have  been  retired  from  the  military  service,  "in  accord 
ance  with  the  provisions  of  the  act  for  ridding  the  Army  of  ig 
norant,  disabled,  and  incompetent  officers."  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  28,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  several  reports  of  mili 
tary  operations,  together  with  a  copy  of  a  letter  from  General  R. 
E.  Lee,  in  which  he  expresses  his  disapproval  of  the  publication  of 
such  reports,  and  to  which  I  invite  your  special  attention. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  30,  1864. 
To  the  Senate  of  the  Confederate  States. 

I  invite  your  attention  to  the  accompanying1  communication  from 
the  Secretary  of  the  Navy,  and,  agreeably  to  his  recommendation, 
hereby  nominate  the  persons  named  upon  the  annexed  list  to  the 
offices  designated  in  the  Provisional  Navy.  In  addition  to  the  an 
nexed  list,  there  are  officers  of  the  Navy  now  on  shore  duty  who, 
are  deemed  eminently  qualified  to  command  afloat,  and  it  is  not 
designed  by  these  nominations  to  bar  their  future  transfer  to  the 
Provisional  Navy  with  their  relative  rank. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  May  30,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  communications 
from  the  proper  officers,  submitting  estimates  of  the  amounts  re 
quired  to  carry  out  the  provisions  of  the  act,  approved  May  13, 
1864,  authorizing  additional  compensation  to  certain  officers  and 
employees  in  the  civil  and  legislative  departments  of  the  Govern 
ment.  JEFFERSON  DAVIS. 


Second  Congress.  455 

RICHMOND,  \\.,  May  30,  1864. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  submitting  an  estimate  of  an 
additional  sum  required  for  the  support  of  the  Government. 

JEFFERSON  DAVIS. 

RICHMOND,  YA.,  June  i,  1864. 

To  the   House  of  Representatives. 

In  response  to  your  resolution  of  the  3d  ultimo,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  stating  that  "no  instructions  have  been  issued  to  impressing 
officers  and  agents  in  addition  to,  or  different  from,  those  con 
tained  in  General  Order  Xo.  30,  bearing  date  A  larch  4,  18^4." 

JEFFERSON  DAVIS. 

RICHMOND,  YA.,  June  i,  1864. 

To  the   House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  tilt.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  relative  to  the  tobacco  ration  authorized  to  be  furnished  to 
the  Army.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  June  i,  1864. 
i  o  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  copies  of  several  additional 
reports  of  military  operations.  It  is  suggested  that  these  reports 
should  not  be  published  or  used  otherwise  than  for  the  information 
of  members  and  Senators  of  the  Confederate  States  Congress. 

JEFFERSON  DAVIS. 

RICHMOND,  YA.,  June  i,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  copies  of  additional  reports 
of  military  operations  in  the  year  1862.  JEFFERSON  DAVIS. 


456  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  June  ist,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  5th  ult.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  relative  to  the  organization  and  disbanding  of  the  Palmetto 
Battalion  of  Light  Artillery.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  June  2,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication 
from  the  Secretary  of  War,  covering  copies  of  additional  reports 
of  military  operations  during  the  year  1863. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  June  4th,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  5th  ultimo,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  conveying 
the  information  asked  for  relative  to  the  organization  and  dis 
banding  of  Company  K,  of  the  27th  Regiment,  South  Carolina 
Volunteers  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  June  4,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  communications  from 
the  proper  officers,  submitting  estimates  of  the  amount  required 
to  be  appropriated,  for  the  period  ending  Dec.  31,  1864,  under  the 
act*  approved  June  2,  1864.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  June  4th,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  5th  ult.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  relative  to  the  "Holcomb  Legion  of  South  Carolina  Volun- 

*Increasing  salary  and  mileage  of  Senators  and  members,  and  compen 
sation  of  employees  of  the  Senate  and  House  of  Representatives. 


Second  Congress.  457 

teers"  and  to  "other  legionary  organizations"  in  the  Provisional 
Army  of  the  Confederate  States.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  June  8,  1864. 
To  the  House  of  Representatives. 

In  response  to  a  resolution  of  the  House  of  Representatives,  of 
January  15,  1864,  I  herewith  transmit  for  your  information  a 
communication  from  the  Secretary  of  War,  covering  a  copy  of 
the  proceedings  of  the  court  of  inquiry,  relative  to  the  capture  of 
New  Orleans.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  June  8th,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  copies  of  additional  reports  of  military  operations 
during  the  year  1863. 

It  is  suggested  that  these  papers  are  intended  to  he  used  for  the 
information  of  members  of  Congress,  and  that  their  publication 
at  this  time  is  considered  unadvisable.  JEFFERSON  DAVIS. 


YETO  MESSAGES. 

RICHMOND,  May  28,  1864. 
To  the   Senate  and  House  of  Representatives.* 

A  bill  "to  provide  and  organize  a  general  staff  for  armies  in  the 
field  to  serve  during  the  war"  was  passed  by  your  predecessors  and 
submitted  for  my  approval  at  the  close  of  the  last  session. 

I  was  unable  to  approve  it,  and  now  desire  to  state  my  objections 
to  it,  as  well  as  my  views  on  this  important  subject,  in  a  hope  that 
by  a  comparison  of  opinion  some  measure  may  be  framed  equally 
acceptable  to  the  Legislative  and  Executive  Departments  of  the 
Government. 

I  believe  it  to  be  established  by  the  experience  of  Europe  as  well 
as  our  own  that  it  is  impracticable  to  organize  and  administer 
armies  with  efficiency  without  the  aid  of  a  general  staff,  permanent 
in  its  character,  trained  in  its  duties,  aspiring  to  promotion  in  its 

*Pocket   veto. 


458  Messages  and  Papers  of  the  Confederacy. 

own  corps,  and  responsible  to  the  head  of  the  Department.  Such 
a  staff  should  be  composed  of  a  small  body  of  officers,  whose  edu 
cation,  experience,  activity,  and  special  adaptation  to  their  duties 
render  them  peculiarly  competent  to  perform  functions  on  which 
an  army  depends  for  its  capacity  to  act  with  vigor.  In  Europe 
years  of  varied  education  in  the  schools,  the  cantonment,  and  the 
field  fit  the  staff  officer  for  his  position,  and  a  long  experience  in 
the  lower  grades  is  required  before  he  is  deemed  competent  to 
duty  in  a  more  important  sphere.  We  are  forced  to  make  ex 
perimental  appointments  of  officers  unprepared  by  any  previous 
training,  and  who  can  acquire  only  in  actual  service  that  experi 
ence  which  must  serve  in  place  of  well-grounded  instruction.  It 
is  scarcely  possible  to  make  this  experience  supply  the  defect  of 
previous  military  education,  otherwise  than  by  the  organization  of 
the  officers  into  one  corps,  responsible  to  one  head,  who  can  assign 
them  to  positions  independent  of  the  movements  of  general  of 
ficers,  and  who,  by  judiciously  varying  the  field  or  character  of 
their  duties,  can  give  them  larger  opportunities  for  instruction  and 
prevent  their  views  being  narrowed  to  the  routine  and  usages  of  a 
single  commander,  himself,  perhaps,  without  military  education. 

Hope  of  promotion,  founded  on  their  own  merit  and  length  of 
good  service,  is  as  necessary  to  the  officers  of  the  general  staff  as 
to  those  of  the  line,  furnishing  the  best  stimulus  known  to  honora 
ble  exertion  and  zealous  discharge  of  duty.  This  stimulus  cannot 
exist  unless  the  staff  be  organized  into  one  corps,  responsible  to 
one  chief,  who,  thus  becoming  intimately  acquainted  with  the  ca 
pacity  and  merits  of  each,  is  able  properly  to  distribute  the  duties^ 
so  as  to  secure  the  services  of  the  right  man  in  the  right  place,  and 
to  afford  to  each  an  opportunity  for  distinction.  If,  otherwise, 
each  staff  officer  becomes  dependent  upon  the  particular  com 
mander  with  whom  he  is  serving,  no  means  of  comparison  exist 
between  the  relative  merits  of  the  officers.  Each  looks  for  pro 
motion  to  the  favor  of  his  general,  and  rises  in  grade,  not  by  his 
own  relative  merit,  but  by  the  patronage  of  his  commander.  A 
gallant  and  able  commander,  whose  own  promotion  is  exception 
ally  rapid  by  reason  of  his  special  merits,  is  thus  enabled  to  lift 
to  higher  grades  the  officers  of  his  staff  to  whom  he  has  become 
attached  by  companionship  in  the  field,  although  these  officers  may 
be  far  inferior  in  merit  and  length  of  service  to'others  whose  duties 


Second  Congress.  459 

have  connected  them  with  generals  less  distinguished.  Promo 
tion  thus  becomes  with  the  staff  a  matter  of  hazard,  dependent  not 
on  the  merit  of  the  officer  himself,  but  of  the  general  with  whom 
he  serves,  and  heartburnings,  jealousy,  and  discontent  are  the 
natural  results  of  so  false  a  system. 

Again,  if  the  general  staff  is  not  formed  into  corps,  there  will 
not  be  the  "esprit"  necessary  in  all  military  organizations,  and  there 
cannot  be  the  cointelligence  among  the  officers  thereof  which  se 
cures  the  certain  and  rapid  communication  of  all  information 
through  the  different  parts  of  an  army.  There  will  also  be  em 
barrassment  in  their  tenure  of  office  and  assignment  to  duty,  as 
when  a  general  officer  dies  or  is  relieved  from  his  command  there 
remain  no  duties  to  be  performed  by  the  staff  which  has  been  au 
thorized  for  him  especially.  However  valuable  or  meritorious  the 
<  ifficers  may  be,  they  are  displaced  by  the  staff  chosen  by  the  suc 
cessor  of  their  commander.  Nothing  remains  but  to  deprive  them 
of  their  commissions,  without  fault  of  their  own,  or  to  keep  them 
in  service  as  supernumeraries,  and  thus  to  add  to  the  number  of 
officers  already  in  excess  of  the  wants  of  the  Army. 

Again,  an  organization  of  a  general  staff  should  possess  flexi 
bility,  so  that  the  proper  number  and  class  of  staff  officers  can  be 
sent  where  needed.  If  an  inflexible  rule  of  assignment  be  lixed  by 
legislation,  some  commands  will  be  cumbered  with  unnecessary 
officers,  while  others  will  be  deficient  in  the  number  indispensable 
to  perform  the  necessary  duties.  Legislation  would  surely  be 
considered  unwise  if  it  allotted  by  inflexible  rule  the  number  of 
troops  to  be  used  in  each  military  department;  yet  it  would  be 
scarcely  more  objectionable  than  the  assignment  of  the  same 
specified  number  of  staff  officers  to  each  commander,  according 
to  his  grade,  thus  applying  a  general  rule  to  a  series  of  cases  each 
requiring  special  treatment. 

The  inspecting  duties  in  an  army  ought  not,  in  my  judgment,  to 
be  separated  from  those  of  the  adjutants.  The  erroneous  im 
pression  prevails  that  an  inspecting  department,  independent  of 
the  general  staff,  is  established  in  most  of  the  armies  of  Europe. 
The  reverse  is  the  fact,  and  the  duties  of  inspection  are  so  inti 
mately  connected  with  the  other  duties  of  the  general  staff  that 
they  can  be  properly  performed  by  it  alone.  The  objections  to 
the  separation  are  manifold.  In  the  first  place,  officers  having 


460  Messages  and  Papers  of  the  Confederacy. 

no  other  than  inspecting  duties  must  frequently  be  unemployed, 
even  in  war,  while  in  peace  their  duties  will  occupy  but  very  little 
time.  Next,  it  is  to  be  observed  that  where  the  adjutants  and  in 
spectors  form  one  corps  the  duties  of  the  adjutant  make  him  fa 
miliar  with  the  details  of  the  service  where  reform  and  discipline 
are  most  needed,  and  thus  render  him  more  competent  to  effective 
inspection  when  assigned  to  that  duty  than  he  could  be  if  exclu 
sively  employed  as  inspector.  Lastly,  the  duties  of  an  inspector 
are  such  as  not  to  render  the  officer  who  performs  them  acceptable 
to  his  brother  officers,  if  his  duty  be  properly  performed.  It  is  not 
to  be  wondered  at  that  an  officer  whose  duties  may  not  be  inap 
propriately  described  as  those  of  a  detective  should,  if  his  duty 
be  rigidly  performed,  incur  somewhat  of  the  odium  of  an  in 
former  ;  and  when  these  duties  constitute  the  sole  service  of  an  of 
ficer  permanently  attached  to  an  army,  he  must  become  either  so 
lax  in  their  performance  as  to  render  him  useless,  or  his  pro 
fessional  pride  and  self-respect  are  wounded  and  his  relations  with 
his  brother  officers  unfavorably  affected  by  the  distrust  and  dis 
like  resulting  from  his  official  reports.  When,  however,  an  as 
sistant  adjutant  and  inspector  general  is  from  time  to  time  as 
signed  to  the  making  of  necessary  inspections  at  various  points, 
this  temporary  discharge  of  an  unpleasant  duty  becomes  but  an 
incident  in  his  professional  career,  and  does  not  affect  his  relations 
with  his  brother  officers. 

Having  stated  these  as  the  general  principles  which  in  my  judg 
ment  should  govern  legislation  on  the  subject,  the  objections  to  the 
bill  passed  at  the  last  session  can  be  more  easily  understood,  and  I 
proceed  to  state  them  briefly : 

I.  The  first  section  of  the  bill  authorizes  a  general  commanding 
armies,  or  a  separate  army,  to  assign  to  duty  one  of  the  general 
officers  under  his  command  as  chief  of  staff,  one  of  the  brigadier 
generals  under  his  command  as  inspector  general,  and  one  other 
brigadier  as  chief  quartermaster,  one  officer  below  the  rank  of 
brigadier  as  chief  commissary,  and  one  as  chief  of  ordnance. 

This  power  of  assignment  is  given  without  reference  to  or  con 
sultation  with  the  War  Department  or  the  Executive,  and  might 
be  exercised  in  contravention  of  the  views  and  judgment  of  both. 
Leaving  out  of  view  the  question  whether  it  is  in  accordance  with 
the  Constitution  to  make  the  commander  of  an  army  independent 


Second  Congress.  461 

of  the  Commander  in  Chief  in  the  discharge  01  any  of  the  duties 
of  his  office,  and  looking  only  to  the  effect  of  such  a  system,  it 
plainly  creates  in  this  branch  of  the  service  as  many  independent 
executives  as  there  are  generals  commanding  armies  in  the  field, 
and  thus  destroys  that  unity  of  design  and  concert  of  action  which 
are  indispensable  elements  of  success  in  war.  The  generals  com 
manding  armies  would  be  by  this  section  vested  with  the  right  to 
derange  the  organization  of  their  commands  as  settled  by  the 
Commander  in  Chief  by  removing  from  their  appropriate  func 
tions  the  commanders  of  corps,  divisions,  and  brigades,  whom 
the  Executive  had  selected  and  the  Senate  had  approved  as  spe 
cially  fitted  to  lead  the  troops  in  battle. 

That  the  general  commanding  the  Army  has,  under  the  terms  of 
this  section,  the  right  of  assigning  general  officers  under  his  com 
mand  to  the  duties  of  the  general  staff  without  reference  to  the 
authority  of  the  Executive  is  plain  from  the  other  sections,  which 
declare  that  the  President  is  to  appoint,  with  the  advice  of  the 
Senate,  the  staffs  of  all  general  officers  other  than  those  who  com 
mand  armies. 

Nor  does  this  section  restrict  the  commanding  general  in  rela 
tion  to  the  branch  of  service  or  the  grade  of  the  officers  whom  he 
is  permitted  to  assign  to  commissary  and  ordnance  duties  <  f  the 
general  staff.  It  is  only  necessary  that  they  be  below  the  rank  of 
brigadier  general.  The  commanding  general  would  have  the  pow 
er,  therefore,  to  assign  a  captain  commissary  to  be  chief  of  ord 
nance,  or  a  lieutenant  of  infantry  to  be  chief  commissary,  without 
check  or  control  from  the  President  or  Senate,  while  the  Presi 
dent  would  be  without  power  to  appoint  subordinates  to  the  officers 
thus  selected  by  the  general  of  the  Army  without  submitting  their 
nominations  for  the  approval  of  the  Senate.  Not  only,  therefore, 
is  all  order  of  authority  introverted  by  these  provisions,  but  the 
officers  assigned  to  duty  by  the  commanding  generals,  not  being 
permanent  members  of  the  general  staff,  would  be  independent 
of  its  chief,  and  inextricable  confusion  would  necessarily  result. 

This  section,  so  far  from  responding  to  the  title  of  the  bill  by 
providing  a  general  staff,  in  reality  breaks  up  that  which  now 
exists,  subdivides  it  into  a  number  of  small  bodies,  irresponsible 
to  the  head  of  the  department,  and  destroys  the  possibility  of  any 
regular,  consistent,  and  intelligent  cooperation  in  the  action  of  our 


462  Messages  and  Papers  of  the  Confederacy. 

forces,  so  essential  to  success.    Its  effect  is  to  create  a  staff  for  gen 
erals,  not  a  general  staff. 

If  a  contest  should  arise  between  the  quartermasters  general, 
the  commissaries  general,  or  the  chiefs  of  ordnance  of  Generals 
A  and  B,  in  any  district  of  country  for  supplies  or  means  of  trans 
portation,  who  is  to  determine  between  these  rivals,  each  equal  in 
authority  and  each  dependent  on  a  separate  chief?  How  are  the 
chiefs  of  those  bureaus  in  Richmond  to  apportion  the  supplies  in 
store  according  to  the  wants  of  the  different  armies  without  au 
thority  to  exact  from  them  reports  and  returns?  If  it  be  said  that 
these  officers  would  become  temporarily  responsible  to  the  heads 
of  departments,  how  is  this  responsibility  to  be  enforced  if  the 
orders  of  the  general  and  those  of  the  chief  of  the  department 
should  conflict?  If  ordnance  depots  are  provided  at  different 
points  for  different  commands,  how  is  the  officer  in  charge  of  these 
depots  to  act  if  ordered  by  the  chief  of  ordnance  of  a  general  in 
the  field  to  make  a  different  disposal  of  the  stores  from  that  or 
dered  by  the  head  of  the  department  in  Richmond  ? 

If  such  a  bill  should  become  a  law,  in  vain  would  the  War  De 
partment  seek  to  exact  rigid  obedience  to  law  cr  orders  from  the 
irresponsible  staff  created  under  its  provisions.  In  vain  would  it 
seek  for  the  information  necessary  for  its  guidance,  or  attempt  to 
change  the  relative  strength  of  armies  to  meet  the  varying  move 
ments  of  the  enemy.  The  staff  officers  could  be  made  the  ready 
and  safe  means  of  thwarting  the  Government  in  its  orders  for  the 
removal  of  troops  from  one  command  to  reen force  threatened 
positions  in  another,  and  could  be  easily  rendered  subservient  to 
the  natural  but  dangerous  propensity  of  most  commanders  to  re 
tain  all  the  troops  under  their  own  control  for  the  safety  of  their 
own  commands,  without  reference  to  more  urgent  needs  at  other 
points. 

It  is  scarcely  necessary  to  add  to  these  considerations  more  than 
a  bare  allusion  to  the  tendency  of  such  bodies  of  officers,  when  de 
pendent  for  their  own  promotion  on  the  favor  of  the  special  chiefs, 
to  resort  to  agencies  less  commendable  than  the  zealous  discharge 
of  their  legitimate  duties  for  the  attainment  of  their  desires. 

IL  Another  very  objectionable  feature  of  the  bill  proposed  is  its 
effect  on  the  officers  of  the  general  staff  other  than  those  who  may 
be  selected  as  the  favorites  of  commanding  generals. 


Second  Congress.  463 

Numbers  of  zealous,  meritorious,  and  valuable  officers  have 
made  the  duties  of  the  general  staff  objects  of  special  study ;  have 
embraced  the  staff  as  a  branch  of  the  profession  in  which  under 
existing  laws  they  are  entitled  to  promotion  for  merit  and  long 
service,  just  as  the  line  officers  have  a  right  to  promotion  in  their 
branch. 

This  bill  deprives  the  staff  officers  of  this  the  great  incentive  to 
the  zealous  discharge  of  duty.  It  debars  them  from  promotion 
to  the  higher  grades  of  their  own  branch  of  service,  and  bestows 
these  prizes  of  honorable  ambition  on  the  officers  of  the  line,  who 
will  thus  monopolize  the  promotions  to  the  higher  grades,  both  in 
the  line  and  staff,  to  the  entire  exclusion  of  the  officers  of  the  lat 
ter.  Few  will  be  willing  to  remain  in  the  staff  under  such  cir 
cumstances.  Those  who  consent  to  continue  will  be  those  least 
ambitious  of  promotion,  and  the  whole  staff  service  will  be  im 
paired  in  tone  and  efficiency. 

III.  The  assignment  of  general  officers  to  staff  duties  as  pro 
vided  in  the  bill  would  leave  many  brigades,  some  divisions,  and 
perhaps  some  corps  without  their  appropriate  commanders,  and 
no  provision  is  made  to  supply  the  vacancies  thus  created.     Are 
their  commands  to  be  considered  vacant  and  successors  appointed  ? 
If  so,  what  is  to  become  of  those  assigned  to  staff  duty,  should 
the  commanding  general  revoke  the  assignment?    If  the  contrary, 
many  brigades  will  be  commanded  by  the  officer  next  in  rank  to 
be  assigned  brigadier,  ho\vever  incompetent  such  officer  may  be  to 
command  a  brigade,  and  the  like  would  occur  as  to  divisions  and 
corps,  in  contravention  of  the  policy,  well  considered  and  estab 
lished,  that  general  officers  are  appointed  by  selection  for  merit, 
and  not  promoted  by  seniority.     If  the  commanding  general  is 
ordered  to  another  command,  is  he  to  take  his  staff  with  him,  or 
is  he  to  leave  it  for  service  with  his  successor?     In  either  case,  is 
the  whole  general  staff  of  each  army  to  be  changed  at  the  caprice 
of  the  new  commander?    This  must  be  the  effect  of  the  bill,  for 
the  power  to  assign  necessarily  implies  the  powrer  to  revoke,  as  it 
would  otherwise  be  equivalent  to  a  permanent  appointment,  that 
could  be  made  only  by  the  President,  with  the  advice  and  consent 
of  the  Senate. 

IV.  The  fourth  objection  to  the  bill  is  that  it  applies  one  rigid 
rule  for  the  number  of  the  general  staff,  based  solely  on  the  rank 


464  Messages  and  Papers  of  the  Confederacy. 

of  the  commander  and  having  no  reference  to  the  necessities  of  a 
command.  The  staff  allowed  is  excessive  in  number  and  rank  in 
many  instances  and  entirely  inadequate  in  others.  A  law  pro 
viding  a  general  staff  on  such  a  basis  as  is  assumed  in  this  bill 
cannot,  from  its  very  nature,  be  executed  according  to  its  terms. 
The  labor  required  of  the  staff  connected  with  a  brigade,  division, 
or  corps  depends  on  the  fact  of  its  being  part  of  an  army  or  a 
separate  command  as  well  as  on  the  number  of  men ;  the  extent  of 
the  country  over  which  operations  are  to  be  conducted;  the 
abundance  or  scarcity  of  supplies  in  the  district ;  the  existence  or 
absence  of  railroad,  river,  or  other  transportation ;  the  concentra 
tion  or  dispersion  of  the  troops,  and  the  many  other  circumstances 
which  control  military  movements  in  time  of  war.  It  is  impos 
sible  to  apply  a  rigid,  unbending  rule  to  such  diverse  cases.  An 
organization  into  corps  meets  all  these  difficulties  by  providing 
for  assignment  of  the  proper  number  of  officers  to  different  com 
mands  according  to  the  needs  of  each. 

V.  The  number  and  rank  of  aids-de-camp  allowed  by  the  bill  are 
believed  to  be  greatly  in  excess  of  those  allowed  by  other  govern 
ments  and  quite  unsuited  to  the  nature  of  ours.     They  would 
rather  impede  than  improve  the  service.    They  would  encourage 
love  of  ostentation  and  feed  a  fondness  for  vain  display,  which 
should  rather  be  discouraged  than  fostered.     The  experience  of 
this  war  has  demonstrated  that  the  most  efficient  commanders, 
those  who  have  most  attracted  the  respect,  gratitude,  and  admira 
tion  of  their  country,  have  avoided  the  large  retinue  of  personal 
staff  which  this  bill  would  seem  to   sanction  as  proper  or  de 
sirable. 

VI.  The  objection  to  the  enormous  increase  in  the  number  of 
officers  and  expenditure  that  would  result  from  the  passage  of 
such  a  bill  becomes  a  matter  of  serious  concern  when  no  corre 
sponding  increase  of  efficiency   is   secured;   of  still  graver  im 
portance  when  the  opposite  result  is  to  be  feared. 

According  to  the  bill  as  passed  the  staff  would  embrace  an  ad 
dition  of  about  400  officers,  involving  an  increased  annual  expendi 
ture  for  pay,  rations,  forage,  and  allowance  amounting  to  $1,138,- 
728  above  the  present  staff  as  organized  by  general  orders  under 
existing  legislation. 

If  generals  are  to  be  allowed  to  change  the  staff  of  each  army  to 


Second  Congress.  465 

which  the>-  may  be  assigned  at  their  pleasure,,  it  is  difficult  to  cal 
culate  the  extent  to  which  this  abuse  would  grow,  the  number  of 
men  that  would  be  drawn  from  useful  service  to  cumber  the  staff, 
or  the  increase  of  expenditure  involved. 

Congress  will  perceive  that  with  objections  so  radical  it  was  im 
possible  for  me  to  approve  the  bill  passed  at  the  last  session,  and 
that  the  subject  was  too  important  to  be  treated  in  a  hurried  mes 
sage  within  the  last  few  hours  of  the  close  of  a  Congress.  Con 
curring  in  the  expediency  of  legislation  for  the  organization  of  a 
general  staff,  I  have  thought  a  full  exposition  of  my  views  on  the 
subject  would  perhaps  conduce  to  the  framing  of  a  measure  which 
would  carry  into  effect  the  views  of  the  Legislative  Department 
while  excluding  the  provisions  which  have  compelled  me  to  de 
cline  approving  that  devised  by  your  predecessors. 

JEFFERSON  DAVIS. 


RICHMOND,  June  6,  1864. 
To  the  Senate  of  the  Confederate  States. 

I  regret  that  a  sense  of  duty  compels  me  to  return  to  the  Senate 
without  my  signature  a  joint  resolution  which  originated  in  your 
honorable  body  entitled  "Joint  resolution  in  regard  to  the  ex 
emption  of  editors  and  employees  of  newspapers." 

The  terms  of  this  resolution  extend  to  editors  of  magazines  and 
periodicals  other  than  newspapers,  together  with  their  employ 
ees,  the  same  exemption  from  military  service  as  is  now  accorded 
in  favor  of  newspapers. 

I  see  no  reason  for  exempting  these  citizens  from  the  duty  of  de 
fending  their  country  which  would  not  apply  to  all  authors,  pub 
lishers,  booksellers,  printers,  and  other  persons  connected  with  the 
publication  of  books,  pamphlets,  religious  tracts,  and  other  read 
ing  matter.  At  a  moment  when  our  lives,  our  liberty,  and  our  in 
dependence  are  threatened  by  the  utmost  powrer  of  our  enemies, 
when  every  citizen  capable  of  bearing  arms  ought  to  be  found  in 
the  ranks,  I  cannot  but  deem  it  impolitic  to  add  to  the  list  of  ex 
emptions  without  the  most  urgent  necessity.  Seeing  no  such  neces 
sity,  and  believing  the  precedent  set  by  this  resolution,  if  passed, 
to  be  productive  of  evil  effect,  I  am  constrained  to  return  it  with 
out  my  approval.  JEFFERSON  DAVIS. 
3° 


466  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  June  /,  1864. 
To  the  Senate  of  the  Confederate  States  of  America. 

A  bill  which  originated  in  the  Senate  entitled  "An  Act  to  au 
thorize  the  appointment  of  additional  officers  of  artillery  for  ord 
nance  duties"  has  been  presented  for  my  signature,  but  it  con 
tains  a  provision  founded  on  an  error  of  fact  which  compels  me 
to  return  it  without  approval,  that  the  error  may  be  corrected. 

The  bill  contains  the  following  proviso :  "Provided,  That  acting 
ordnance  officers  having  been  found  duly  qualified  for  appointment 
according  to  the  regulations  of  the  War  Department,  and  being 
already  on  duty  in  the  field  under  the  orders  of  the  Secretary  of 
War,  shall  have  preference  of  appointment  under  this  act."  There 
are  no  acting  ordnance  officers  on  duty  in  the  field,  and  I  learn 
on  inquiry  that  the  persons  so  designated  are  in  reality  merely 
employees  of  the  Ordnance  Bureau  for  the  performance  of  ord 
nance  duties  in  the  field  in  the  absence  of  legislation  authorizing 
the  appointment  of  officers.  This  proviso,  therefore,  has  the  ef 
fect,  under  an  error  of  fact  apparent  in  its  terms,  of  restricting  the 
Executive  in  the  choice  of  persons  to  fill  the  offices  created  by  the 
bill  to  a  list  of  employees  selected  by  a  chief  of  bureau,  which  is 
plainly  not  in  accordance  with  the  expressed  intention  of  Con 
gress,  nor  with  the  terms  of  the  Constitution. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  June  10,  1864. 
To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

I  herewith  return  to  your  honorable  body,  with  my  objections, 
a  bill  which  originated  in  the  House  entitled  "An  Act  to  amend 
an  act  entitled  an  act  to  impose  regulations  upon  the  foreign 
commerce  of  the  Confederate  States  to  provide  for  the  public  de 
fense,"  approved  February  6,  1864. 

The  principal  provisions  of  the  bill  are  unexceptionable,  but  one 
of  its  clauses  requires  to  be  guarded  by  some  restriction  or  modi 
fication  in  order  to  prevent  serious  injury  to  the  public  service. 
For  a  proper  understanding  of  the  subject  it  is  necessary  to  state 
certain  facts,  probably  unknown  to  many  members,  and  which 
have  an  important  bearing  on  the  policy  of  the  Government. 

Prior  to  the  passage  of  the  act  of  6th  of  February,  1864,  the 


Second  Congress.  467 

Government  was  without  any  means  of  making  available  the  cot 
ton  and  tobacco  in  its  possession  for  the  purchase  abroad  and 
importation  of  supplies  essential  to  the  conduct  of  the  war  and  the 
efficiency  of  the  Army,  other  than  two  or  three  steamers  belonging 
to  the  departments,  and  such  steamers  belonging  to  private  own 
ers  as  could  be  obtained  by  contract.  The  prices  charged  to  the 
Government  were  too  excessive  to  be  borne,  while  the  profits  of 
the  private  owners  were  so  great  as  to  enable  them  by  the  pay 
ment  of  extravagant  wages  and  rewards  to  secure  (against  the 
possibility  of  competition  on  the  part  of  the  Government)  the 
choice  of  the  pilots,  engineers,  and  other  officers  available  for  the 
service.  The  large  majority  of  those  engaged  in  the  trade  were 
foreigners  who,  by  the  aid  of  the  fortifications  and  defenses  es 
tablished  and  maintained  in  our  harbors  at  the  Confederate  ex 
pense,  were  thus  enabled  to  accumulate  rapid  fortunes,  while  de 
preciating  our  currency  and  exhausting  our  country  of  the  pro 
ductions  which  form  its  most  valuable  resources  for  needful  sup 
plies  during  the  war.  In  the  beginning  these  vessels  were  by  con 
sent  of  the  owners  made  partially  available  for  public  purposes, 
and  a  portion  of  their  tonnage  was  reserved  for  public  use,  but 
always  at  very  extravagant  rates.  Subsequently,  however,  even 
these  profits  were  insufficient  to  satisfy  the  demands  of  some  of 
the  traders,  and  attempts  were  made  to  enhance  gains  by  bringing 
State  and  Confederate  officials  into  competition  for  the  use  of  the 
vessels.  The  evil  effects  of  the  system  were  so  apparent  that  the 
act  of  the  6th  of  February  last  was  passed  by  your  predecessors, 
and  under  its  provisions  regulations  were  adopted  which  were 
intended  to  guard  the  public  interest,  while  still  offering  to  private 
owners  adequate  profits  to  induce  a  continuance  of  the  trade.  For 
some  wreeks  after  the  adoption  of  these  regulations  strenuous  ef 
forts  were  made  by  parties  interested  in  the  business  to  induce  a 
relaxation  of  the  regulations.  Many  of  the  vessels  remained  un 
employed  on  the  allegation  of  the  owners  that  the  terms  imposed 
by  the  regulations  were  so  onerous  as  to  render  impossible  the  con 
tinuance  of  the  business.  The  regulations  remained  unchanged, 
for  I  was  satisfied,  from  an  examination  of  the  subject,  that  this 
complaint  was  unfounded,  and  that  the  withdrawal  of  the  vessels 
was  an  experiment  by  a  combination  among  the  owners  on  the 
firmness  of  the  Government.  The  result  proved  the  correctness 


468  Messages  and  Papers  of  the  Confederacy. 

of  the  view,  for,  after  various  attempts  to  obtain  increased  advan 
tages,  the  vessels  resumed  their  voyages.  Their  number  has  been 
largely  increased,  the  ability  to  export  produce  and  import  sup 
plies  on  Government  account  has  been  developed  to  a  greater  ex 
tent  than  had  been  anticipated,  and  the  credit  of  the  Government 
has  been  so  improved  in  foreign  markets  that  the  quotations  for 
its  loan  have  rapidly  advanced. 

It  is  proper  here  to  observe  that  among  the  efforts  made  to 
induce  a  change  of  the  regulations,  was  a  warning  given  to 
officers  of  the  Government  that  the  owners  of  vessels  could  make 
better  bargains  with  Governors  of  States  than  with  the  Confeder 
ate  Government,  and  that  if  the  regulations  were  not  relaxed  in 
their  favor,  they  would  transfer  their  vessels  to  the  Executives 
of  the  several  States  and  thus  withdraw  them  from  the  operations 
of  the  regulations. 

Reverting  to  the  terms  of  the  act  of  6th  of  February,  1864,  it  is 
to  be  observed  that  by  the  fifth  section  it  was  provided  that  noth 
ing  in  the  act  "shall  be  construed  to  prohibit  the  Confederate 
States  or  any  of  them  from  exporting  any  of  the  articles  herein 
enumerated  on  their  own  account."  Holding  in  view  this  expres 
sion  of  the  legislative  will,  the  regulations  authorized  by  the  law 
were  formed  and  are  now  in  force,  based  substantially  on  the  fol 
lowing  policy : 

First.  That  every  vessel  owned  by  private  persons  shall  be  con 
sidered  on  every  voyage  as  chartered  to  the  Confederate  Govern 
ment  for  one-half  of  her  tonnage,  outward  and  inward. 

Second.  That  all  private  owners  of  cargo  exported  from  the 
Confederacy  shall  bring  in  return  supplies  equal  to  one-half  of  the 
proceeds  of  their  expected  cargo. 

Third.  That  the  several  States  shall  remain  at  liberty  to  charter 
the  other  half  of  each  vessel,  and  shall  be  free  to  carry  out  or 
bring  back  cargo  on  that  half  without  being  subject  to  the  regu 
lations. 

It  will  be  perceived  that  the  policy  of  these  regulations  places 
the  several  States  on  an  equal  footing  with  the  Confederate  Gov 
ernment  so  far  as  is  possible,  the  only  difference  being  that  while 
the  Confederacy  imposes  a  forced  charter  for  one-half  of  the  ton 
nage  in  its  favor,  it  has  no  authority  to  do  more  for  the  States 


Second  Congress.  469 

than  to  leave  tne  other  half  subject  to  their  use  by  charter  obtained 
by  consent  of  the  owners. 

When  these  regulations  were  accepted  by  the  owners  of  vessels 
they  amounted  in  substance  to  an  agreement  on  their  part  to  char 
ter  half  of  their  tonnage  to  the  Confederacy  on  every  voyage  at 
the  rates  stipulated  in  the  regulations. 

Now,  the  bill  which  I  return  to  the  House  makes  three  pro 
visions  : 

First.  That  cargo  shipped  by  the  States  shall  not  be  subject  to 
the  regulations,  and  to  this  there  can  be  no  objection.  It  merely 
reaffirms  the  law  as  it  stands. 

Second.  That  vessels  owned  by  any  State  and  employed  for  the 
exclusive  use  of  the  State  shall  not  be  subject  to  the  regulations; 
and  to  this  no  objection  is  made,  as  it  places  vessels  owned  by  any 
State  on  the  same  footing  as  vessels  owned  by  the  Confederacy. 

Third.  That  vessels  chartered  by  any  State  for  its  exclusive 
use  shall  not  be  subject  to  the  regulations;  and  this  is  the  pro 
vision  to  which  objection  is  made,  because  it  is  liable  to  a  con 
struction  which  would  authorize  the  States,  instead  of  chartering 
from  the  owners  of  vessels  in  the  trade  only  that  half  which  re 
mains  at  their  disposal  under  the  regulations,  and  thus  preserving 
equality  with  the  Confederate  Government  in  this  matter,  to  char 
ter  the  entire  tonnage  of  the  vessels,  thus  depriving  the  Confed 
eracy  of  a  resource  now7  at  its  disposal,  and  without  which  very 
serious  embarrassments  to  the  public  service  would  ensue.  When 
it  is  remembered  that  the  number  of  private  vessels  in  the  service 
is  limited,  that  the  profits  of  exporting  produce  are  very  large, 
that  the  temptation  to  engage  in  the  business  will  be  great,  it  is 
easy  to  perceive  how  grave  might  become  the  consequences  of 
sanctioning  a  system  under  which  the  several  States  and  the 
Confederate  Government  would  be  competitors  for  contracts  with 
the  owners  of  the  vessels  engaged  in  this  commerce,  and  how  im 
minent  the  risk  that  the  Confederacy  would  be  deprived  of  this  in 
dispensable  means  of  carrying  on  the  war. 

I  trust,  therefore,  that  the  House  will  concur  in  the  opinion  that 
the  words  uor  chartered"  should  be  stricken  out  of  the  closing 
sentence  of  the  bill,  or  that  a  clause  should  be  added  providing" 
"that  nothing  in  this  law  shall  be  so  construed  as  to  affect  the 
rights  of  the  Confederate  States  under  existing  regulations  to  the 


470  Messages  and  Papers  of  the  Confederacy. 

use  of  one-half  the  tonnage  of  each  vessel  engaged  in  the  trade, 
except  such  as  are  owned  exclusively  by  a  State." 

JEFFERSON  DAVIS. 


To   the   House    of   Representatives    of    the    Congress    of   the    Confederate 

States. 

I  herewith  return  to  you  an  act  to  amend  an  act  entitled  "An 
Act  to  reduce  the  currency  and  to  authorize  a  new  issue  of  notes 
and  bonds,"  approved  February  17,  1864.  with  the  objections 
which  induce  me  to  withhold  my  approval  thereof. 

Under  the  provisions  of  the  act  of  17  February,  1864,  all  Treas 
ury  notes  above  the  denomination  of  five  dollars  not  bearing  in 
terest,  which  shall  not  have  been  funded  east  of  the  Mississippi 
on  I  April,  1864,  and  on  I  July  west  of  the  Mississippi,  are  made 
subject  to  a  tax  of  33  1-3  cents  on  the  dollar.  Notes  of  the  denom 
ination  of  one  hundred  dollars  are  made  subject  to  a  further  tax 
of  ten  per  cent  per  month  until  funded;  and  all  these  notes  out 
standing  on  I  January,  1865,  are  then  taxed  100  per  cent. 

The  effect  of  these  provisions  east  of  the  Mississippi  is  to  reduce 
the  nominal  rate  of  all  the  notes  one-third  after  the  i  April,  to  in 
crease  this  reduction  ten  per  cent  per  month  on  the  one  hundred 
dollar  notes  until  I  November,  1864,  at  which  date  they  are  ex 
tinguished,  and  on  I  January,  1865,  to  extinguish  the  other  notes. 

The  amendatory  act  which  it  is  now  proposed  to  pass  grants 
to  certain  persons  the  privilege  of  funding  at  par  all  these  notes 
until  ist  January,  1865  >  and  thus  in  effect  gives  to  them  precisely 
the  rights  which  are  taken  away  from  all  other  citizens  by  the 
original  act. 

The  extent  of  this  privilege  may  be  measured  by  the  fact  that 
the  one  hundred  dollar  notes  outstanding  on  I  April  were  esti 
mated  by  the  Secretary  of  the  Treasury  to  amount  to  one  hundred 
and  twenty-eight  millions.  In  the  hands  of  persons  not  em 
braced  by  the  amendatory  act,  they  have  already  lost  one-third 
of  their  nominal  value.  They  continue  to  lose  10  per  cent  per 
month,  and  finally,  on  i  November,  such  as  remain  outstanding 
will  cease  to  have  any  value.  But  in  the  hands  of  the  persons 
described  in  the  amendatory  act  they  all  stand  good  against  the 
Government  for  their  entire  original  value. 


Second  Congress.  471 

The  persons  to  whom  this  privilege  is  granted  are  by  the  terms 
of  the  amendatory  act  disposed  into  two  classes : 

1.  Loyal  citizens  or  persons  belonging  to  the  Confederate  States 
Army  within  the  enemy's  lines  as  prisoners  of  war. 

2.  Other  loyal  persons  held  as  prisoners,  who,  by  reason  of  the 
occupation  by  the  enemy  of  the  section  of  country  in  which  they 
resided,  and  the  interruption  of  the  postal  and  telegraphic  com 
munication,  or  other  unavoidable  cause  were  prevented  from  ob 
taining  timely  information  of  the  requirements  of  the  said  act,  or 
who  were  so  situated  in  consequence  of  movements  of  the  enemy 
or  the  casualties  of  war  as  to  be  unable  to  comply  with  the  pro 
visions  thereof. 

The  evidence  which  the  act  requires  to  establish  the  facts  upon 
which  the  claim  rests  is  the  simple  affidavit  of  the  claimant ;  and 
it  is  only  in  case  of  his  inability  to  make  affidavit  that  suppletory 
proof  is  required.  The  persons  described  in  this  law  comprehend 
the  population  remaining  in  several  States  of  the  Confederacy 
and  large  portions  of  other  States.  The  only  exception  is  of  such 
as  may  be  unwilling  to  make  oath  of  loyalty.  The  law  does  not 
even  restrict  its  benefits  to  loyal  citizens,  but  expressly  includes 
"other  persons,"  and  contains  no  indication  of  the  meaning  to  be 
attached  to  the  word  "loyal"  when  applied  to  persons  not  citizens 
of  the  Confederate  States. 

It  is  known  that  very  large  amounts  of  Treasury  notes  have 
fallen  into  the  hands  of  the  enemy  by  the  fortunes  of  war,  and 
one  of  the  results  accomplished  by  your  predecessors  in  affixing 
short  delays  for  funding  was  to  prevent  these  notes  from  becom 
ing  available  to  the  plunderers  who  had  robbed  our  citizens.  It  is 
too  plain  for  doubt  that  our  enemies,  who  have  not  hesitated  in  the 
attempt  to  defraud  the  Treasury  and  the  people  by  means  of 
counterfeited  notes,  would  have  little  scruple  or  difficulty  in  devis 
ing  means  to  bring  themselves  within  the  terms  of  the  bill  under 
consideration.  It  is  but  a  moderate  calculation  to  say  that  at  the 
present  moment  taxes  which  have  accrued  to  the  Treasury,  and 
on  which  this  bill  would  take  effect,  amount  to  fifty  millions  of 
dollars,  and  this  sum  would  probably  be  doubled  at  the  end  of 
the  period  fixed  for  claiming  the  benefit  of  its  provisions. 

The  bill  contains  no  adequate  safeguard  for  the  protection  of 
the  Treasury.  No  means  are  provided  for  testing  the  truth  of 


472  Messages  and  Papers  of  the  Confederacy. 

the  affidavits  on  which  millions  of  dollars  are  to  be  paid  out  of  the 
public  purse.  No  commissioner,  no  court,  no  officer  is  directed 
or  even  authorized  to  investigate  a  claim.  The  oath  of  any  man 
who  is  willing  to  swear  to  the  requirements  of  the  law  is  to  be 
conclusive.  The  outstanding  bills  for  one  hundred  dollars  on 
the  east  of  the  Mississippi  must  amount  to  many  millions  of  dol 
lars,  and  cannot  now  be  funded  for  more  than  forty-seven  per 
cent  of  their  nominal  value,  and  such  as  are  not  funded  by  the  ist 
November  next  will  be  extinct.  The  bill  leaves  the  Treasury  at 
the  mercy  of  dishonest  men  for  this  whole  amount  with  less  pro 
tection  than  experience  has  shown  to  be  necessary  to  guard  it 
against  an  overcharge  in  the  purchase  of  ordinary  supplies. 

It  is  not  doubted  that  there  are  many  exceptional  cases  in  which 
the  law  of  February  last  will  operate  harshly,  and  even  unjustly. 
The  desire  to  relieve  prisoners  of  war,  as  evinced  by  the  passage 
of  this  bill,  is  not  only  natural  but  commendable,  and  I  would 
cheerfully  cooperate  with  Congress  in  any  measures  necessary  to 
attain  that  object,  if  so  guarded  as  to  protect  the  Treasury  from 
fraudulent  claims.  In  this  bill  there  is  an  absence  of  necessary 
safeguards,  and  I  am  therefore  unable  to  give  it  my  approval. 

JEFFERSON  DAVIS. 

June  ii,  1864.     Richmond,  Va. 


To  the  Senate  of  the  Confederate  States  of  America. 

I  return  to  the  Senate,  in  which  it  originated,  the  joint  resolu 
tion  directing  "the  settlement  of  the  claim  of  Zedekiah  McDaniel 
and  Francis  M.  Ewing  for  destroying  the  Federal  gunboat  'Cairo' 
by  means  of  a  torpedo,"  with  the  objections  which  induce  me  to 
withhold  my  approval. 

The  character  of  this  claim  may  be  thus  briefly  stated.  Z.  Mc 
Daniel  and  F.  M.  Ewing  were  appointed  Acting  Masters  in  the 
Navy  in  August,  1862.  Their  letters  of  appointment  stated  that 
they  were  "appointed  for  special  service  on  submarine  batteries" 
and  ordered  them  to  report  to  Flag  Officer  William  F.  Lynch,  at 
Jackson,  Miss. 

Submarine  batteries  were  at  that  time  the  subject  of  device  and 
experiment  for  river  and  harbor  defenses,  and  these  gentlemen 
were  recommended  as  well  qualified  for  such  service,  McDaniel 


Second  Congress.  473 

as  having  been  engaged  a  short  time  in  preparing  torpedoes,  and 
Ewing  as  being  enterprising  and  bold.  In  accepting  their  ap 
pointments  it  appears  that  they  did  not  allege  that  they  had  in 
vented  or  contrived  a  torpedo,  nor  were  they  appointed  to  use 
specially  any  one  of  the  numerous  devices,  more  or  less  ingenious, 
which  had  been  suggested  and  brought  to  the  notice  of  the  Gov 
ernment. 

They  reported  in  obedience  to  orders  and  entered  upon  the  duty 
of  placing  torpedoes  in  the  Yazoo  River  under  the  immediate  com 
mand  of  Commander  Isaac  X.  P>rown,  and  the  gunboat  "Cairo" 
was  destroyed  on  the  i4th  December,  1862,  by  a  torpedo  placed 
by  them  in  company  with  others. 

In  March,  1863,  McDaniel  and  Ewing  for  the  first  time  ap 
prised  the  Department  that  thev  claimed  a  reward  for  their  serv 
ice  on  the  ground  that  the  torpedo  which  exploded  under  the 
"Cairo"  was  invented  by  them.  The  claim  was  based  on  the  pro 
visions  of  three  acts  of  Congress:  ist.  "An  Act  recognizing  the 
existence  of  war  between  the  l/nited  States  and  the  Confederate 
States,  and  concerning  letters  of  marque,  prizes,  and  prize  goods," 
Xo.  106,  approved  6th  May,  1861  ;  2d.  An  Act  amendatory  of  the 
foregoing,  Xo.  170,  approved  2ist  May,  1861  ;  3d.  An  Act  amend 
atory  of  this  last-mentioned  law,  approved  2ist  April,  1862. 

The  second  section  of  the  act  Xo.  i/o,  above  cited,  secures  to 
the  inventor  of  "any  new  kind  of  armed  vessel  or  floating  battery 
or  defense"  certain  rewards  and  privileges  upon  the  condition 
that  "he  shall  deposit  a  plan  of  the  same,  accompanied  by  suit 
able  explanations  or  specifications,  in  the  Xavy  Department,  to 
gether  with  an  affidavit  setting  forth  that  he  is  the  inventor  there 
of."  This  deposit  and  affidavit  are  prerequisite  to  any  exclusive 
rights  in  favor  of  the  inventor,  and  a  reservation  is  made  special!}' 
in  favor  of  the  Government  of  the  right  of  using  such  invention 
in  all  cases. 

The  very  basis  of  the  claim  of  these  parties  was  the  originality 
of  their  invention.  The  joint  resolution  under  consideration  re 
cites  that  a  board  of  naval  officers  have  reported  that  the  "Cairo" 
was  destroyed  "by  means  of  a  torpedo  invented  and  used  by  them 
[McDaniel  &  Ewing]  in  the  Yazoo  River  in  1862."  This  is  an 
error,  no  board  of  officers  of  the  Navy  having  even  investigated  or 


474  Messages  and  Papers  of  the  Confederacy. 

reported  on  this  point.  The  description  given  of  the  torpedo  by 
Commander  Brown  is  on  record,  and  does  not  justify  the  claim 
of  original  invention  made  by  these  parties.  It  represents  the 
torpedo  to  have  consisted  of  two  demijohns  connected  together, 
filled  with  gunpowder,  and  exploded  by  means  of  the  ordinary 
friction  primer.  The  letter  of  Commander  Brown  further  de 
clares  that  other  parties  rendered  "most  material  aid  in  the  de 
struction  of  this  vessel,  and  are  justly  entitled  to  much  of  the 
credit  of  the  success." 

Independently  of  this  objection  to  the  claim,  the  legislation 
above  recited  seemed  to  be  conclusive  against  it.  The  policy  of 
the  law  plainly  provided  that  inventors  should  have  the  exclusive 
privilege  of  their  inventions  and  should  be  entitled  to  the  rewards 
promised  them,  only  on  condition  that  they  should  file  in  the 
Navy  Department  such  a  description  of  their  invention  as  would 
enable  the  Government  to  render  available  the  right  of  using  the 
invention  which  it  had  reserved  for  itself.  In  the  present  case 
the  Government  was  deprived  of  its  right  to  use  the  alleged  in 
vention  by  the  failure  of  the  claimants  to  give  the  description  or 
file  the  proper  papers  in  the  Department  till  May,  1863,  or  about 
five  months  after  the  destruction  of  the  "Cairo."  The  high  boun 
ty  of  fifty  per  centum,  the  largest,  it  is  believed,  ever  allowed  for 
a  similar  service,  was  granted  by  Congress  according  to  the  act  of 
2  ist  April,  1862,  and  it  may  be  reasonably  assumed  that  such 
extraordinary  bounty  was  partly  in  consideration  for  this  right 
expressly  reserved  to  the  country. 

Upon  these  grounds  and  especially  upon  the  important  princi 
ples  to  which  reference  will  be  subsequently  made,  the  Secretary 
of  the  Navy  rejected  the  claim  of  McDaniel  and  Ewing,  who 
appealed  to  the  Executive  from  his  decision.  The  views  of  the 
Head  of  the  Navy  Department  were  sustained,  and  application  was 
then  made  to  Congress,  which  afforded  the  claimants  a  fresh  tri 
bunal  by  directing  the  Secretary  of  the  Treasury  to  adjust  their 
claims.  The  joint  resolution  directing  this  reference  was  passed 
in  February  last,  and  the  Secretary  made  a  report  to  Congress  at 
its  present  session  stating  the  value  of  the  vessel  and  armament 
destroyed,  but  also  stating  that  no  investigation  had  been  made  of 
the  merits  of  the  claim  or  of  the  originality  of  the  invention.  The 


Second  Congress.  475 

Naval  Board  called  together  at  the  request  of  the  Secretary  of  the 
Treasury  performed  no  other  duty  than  estimating  the  value,  but 
did  not  (nor  could  they  under  the  joint  resolution)  act  as  a 
tribunal  for  the  examination  of  the  other  questions  involved  in  the 
claim. 

My  objections  to  the  present  joint  resolution  are : 

ist.  That  there  is  error  of  fact  in  its  recital  that  a  board  of 
naval  officers  had  reported  that  the  "Cairo"  was  destroyed  "by 
means  of  a  torpedo  invented  and  used  by  the  memorialists."  Not 
only  is  it  a  mistake  that  such  report  was  made,  but  it  is  believed 
to  be  very  questionable  whether  the  torpedo  was  an  original  in 
vention  of  the  memorialists. 

2d.  The  claimants  failed  to  give  the  Government  the  considera 
tion  which  the  law  requires  as  a  condition  of  the  right  to  the  re 
ward — namely,  such  a  description  of  the  alleged  invention  as 
would  enable  the  Government  to  enjoy  freely  its  reserved  rights 
of  using  the  invention  in  its  own  service. 

3d.  The  most  serious  objection  is  this,  that  the  service  on  which 
this  claim  is  founded  was  rendered  by  officers  of  the  Navy  spe 
cially  appointed  and  paid  for  this  service.  They  did  not  make 
known  to  the  Department  when  they  were  appointed  that  they 
proposed  to  use  a  special  torpedo  of  their  own  invention,  for  the 
use  of  which  they  expected  a  reward.  So  far  as  is  known  to  the 
Government,  ail  the  means,  the  materials,  the  expenditures  of  the 
torpedo  service  in  the  Yazoo  River,  including  the  pay  and  allow 
ances  of  these  claimants,  were  at  the  charge  of  the  Government, 
and  the  service  was  performed  under  the  control  of  a  Navy  officer 
of  superior  rank ;  nor  was  the  sanction  of  any  officer  of  the  Gov 
ernment  asked  or  given  that  these  claimants  should  conduct  tor 
pedo  experiments  at  public  expense,  without  risk  of  time,  labor,  or 
capital  of  their  own,  and  with  the  right  to  large  reward  in  the 
event  of  success. 

No  public  officer  charged  with  a  special  duty  for  which  he  is 
paid,  and  the  means  of  performing  which  are  also  paid  for  by  the 
Government,  can  be  allowed  to  claim  a  reward  for  the  perform 
ance  of  his  duty  without  evils  of  the  greatest  character  to  the  pub 
lic  service. 

Large  numbers  of  Army  and  Navy  officers  have  been  employed 


476  Messages  and  Papers  of  the  Confederacy. 

in  torpedo  service  and  submarine  defenses.  Scarcely  one  has 
failed  to  suggest  and  essay  new  devices  and  combinations,  many 
of  which  have  proved  successful.  Numerous  vessels  have  been 
destroyed,  but  the  claim  under  consideration  is  the  only  one  that 
has  been  presented  to  the  attention  of  the  Government.  None  of 
the  other  officers  seem  to  have  imagined  that  it  was  not  their 
duty  to  devote  all  their  mind,  talent,  and  inventive  faculties  in 
performing  the  service  to  which  they  were  assigned  without  any 
other  pecuniary  reward  than  the  pay  and  allowances  accorded  by 
law  to  other  officers  of  the  same  grade. 

If  the  present  joint  resolution  should  give  sanction  to  the  oppo 
site  view  of  the  duty  of  an  officer,  it  is  easy  to  perceive  how  in 
juriously  it  will  affect  the  service.  It  is  less  easy  to  estimate  the 
amount  of  the  claims  on  the  Treasury  that  would  thus  be  sanc 
tioned. 

If  these  claimants  are  to  be  rewarded  for  the  destruction  of  the 
"Cairo,"  why  are  they  to  receive  the  whole  sum  allowed  by  the 
law  ?  There  seems  no  ground  for  -excluding  the  others  who  aided 
in  the  enterprise  and  who,  in  the  language  of  Commander  Brown, 
rendered  most  material  aid,  and  are  justly  entitled  to  much  of  the 
credit  of  success. 

My  examination  of  the  legislation  leads  me  to  a  view  of  the 
policy  of  Congress  quite  different  from  that  which  would  be  im 
plied  by  the  passage  of  this  joint  resolution.  The  three  acts  above 
recited  seem  to  me  clearly  to  indicate  a  desire  to  encourage  pri 
vate  enterprise  and  to  stimulate  the  investment  of  private  means 
in  the  effort  to  destroy  the  armed  ships  of  the  enemy  by  awarding 
a  reward  (originally  of  twenty  per  centum,  afterwards  increased 
to  fifty  per  centum)  to  private  armed  vessels  and  to  private  in 
dividuals  operating  at  their  own  expense  with  torpedoes  or  other 
devices  for  the  public  defense.  They  do  not  seem  to  me  to  have 
contemplated  offering  the  same  reward  to  the  officers  and  seamen 
of  the  Navy,  paid  and  maintained  at  public  expense,  for  doing 
their  duty  in  waging  war  on  the  vessels  of  the  enemy  on  the  high 
seas  or  in  rivers  and  harbors. 

I  have  deemed  this  full  explanation  of  the  facts  and  law  of  the 
case  due  to  Congress  as  justifying  the  refusal  to  sign  what  is 
apparently  an  unimportant  bill  for  the  relief  of  private  claimants, 


Second  Congress.  477 

but  is  in  reality  the  sanction  of  a  principle  deemed  unsound  and 
pernicious,  involving  in  its  consequences  injury  to  the  public  serv 
ice  and  heavy  demands  on  the  public  Treasury. 

JEFFERSON  DAVIS. 
Richmond,  Va.,  June   n,   1864. 


ADDRESS. 

Circular. 

UDORS.  DISTRICT  OF  INDIAN  TERRITORY, 

FORT  TONVSON,  C.  X.,  May  14,  1864. 

The  following  address  of  His  Excellency,  Jefferson  Davis,  Pres 
ident  of  the  Confederate  States,  is  hereby  published  for  the  infor 
mation  of  the  people  of  the  Six  Confederate  Indian  Xations. 

S.  B.  MAXEY, 
Brigadier  General  Commanding. 

RICHMOND,  February  22,  1864. 
ISRAEL  FOLSOM, 

President  of  the  Grand  Council  of  the  Si.r  Confederate  Indian 
Nations, 

And  Samuel  Garland,  Choctaw  chief;  John  Jumper,  Seminole 
chief;  Samuel  Chicote,  Creek  chief;  George  Washington,  Caddo 
chief;  Winchester  Colbert,  Governor  Chickasaw  Nation;  Stand 
Watie,  Cherokee  chief: 

I  have  received  and  read  with  much  interest  your  communication 
of  the  24th  of  November,  1863,  which  conveys  to  me  for  my  in 
formation  certain  resolutions  passed  by  the  delegates  of  the  Six 
Nations,  and  the  executives  of  the  same,  in  general  council  as 
sembled. 

The  welfare  of  the  citizens  and  soldiers  you  represent  is  iden 
tical  with  that  of  all  the  Confederate  States  in  the  great  struggle 
in  which  we  are  now  engaged  for  constitutional  rights  and  inde 
pendence,  and  you  are  regarded  by  this  Government  as  peculiarly 
entitled  to  its  fostering  care. 

I  am,  therefore,  verv  much  concerned  to  hear  that  vou  consider 


478  Messages  and  Papers  of  the  Confederacy. 

the  Confederate  Government  has  failed  fully  to  redeem  its  pledges 
made  to  the  Six  Nations  for  supplies  and  protection.  It  is  con 
solatory,  however,  to  be  assured  by  you  that  the  attributed  failure 
does  not  arise  from  any  want  of  good  faith  on  our  part,  but  from 
other  causes  which  you  have  mentioned.  And  you  may  rest  as 
sured  that  those  officers  and  agents  to  whom  you  allude  as  hav 
ing  not  only  neglected  their  duty,  but  perverted  their  authority  to 
the  commission  of  wrong,  this  Government  will  hold  to  rigid  re 
sponsibility,  whenever  the  proper  proof  in  each  case  is  brought 
before  it. 

Your  requests  as  well  as  your  complaints  have  received  my  ear 
nest  consideration,  and  I  take  pleasure  in  saying  that,  while  it  will 
always  gratify  me  to  be  able  to  grant  the  one,  I  will  ever  most 
respectfully  give  heed  to  the  other.  All  treaty  stipulations  be 
tween  us  shall  be  sacredly  observed  and  carried  into  effect  to; the 
full  extent  of  my  power  as  President  of  the  Confederate  States. 
The  policy  of  constituting  the  territory  of  the  Six  Nations  a  sep 
arate  military  department,  outside  of  the  control  of  the  command 
ing  general  of  the  department  west  of  the  Mississippi,  has  been 
thoroughly  considered  and  discussed  by  the  Executive  Govern 
ment  here,  with  your  delegates  elect. 

In  pursuance  of  the  result  of  that  discussion  I  have  caused  the 
Indian  Territory  to  be  designated  as  a  separate  military  district, 
and  the  Indian  troops  to  be  placed  under  the  immediate  command 
of  General  Cooper,  the  officer  of  your  choice.  It  was  thought 
manifestly  better  for  the  interest  of  all  concerned  that  your  Terri 
tory  should  be  constituted  a  separate  military  district,  rather  than1 
a  department,  so  that  the  commanding  general  of  the  Trans-Mis 
sissippi  Department  may  be  responsible  for  the  defense  and  pro 
tection  of  your  district,  as  well  as  for  all  others  under  his  charge, 
and  will  feel  it  his  duty  to  aid  and  protect  you  with  all  the  prompti 
tude  and  efficiency  that  unity  in  the  whole  force  will  confer.  This 
view  has  been  presented  to  your  delegates,  and  I  hope,  when  fully 
explained,  will  meet  with  your  approval. 

You  will  learn  from  your  delegates  as  well  as  through  this  chan 
nel  that  additional  brigades  in  the  Territory  will  be  formed  as 
rapidly  as  the  number  of  regiments  will  warrant,  and  brigadiers 
appointed  over  them,  in  the  selection  of  whom  your  recommenda 
tions  will  be  specially  regarded.  As  there  are  not  yet  a  sufficient 


Second  Congress.  479 

number  of  Indian  troops  to  constitute  a  division,  a  major  general 
cannot  now  be  properly  appointed ;  but  as  soon  as  there  are  at  least 
three  such  brigades,  I  propose  to  appoint  a  major  general  to  com 
mand  them.  In  this  view,  but  more  especially  in  view  of  the  pub 
lic  interest,  I  earnestly  urge  upon  you  the  policy  of  making  the 
requisite  organization  of  Indian  troops  as  rapidly  as  possible.  As 
the  law  now  stands,  I  have  not  the  power  to  constitute  such  courts 
as  you  specify,  but  measures  will  be  taken  to  secure  justice  to  those 
claimants  you  describe,  as  fully  and  promptly  as  is  practicable. 
Arrangements  have  been  made  with  Major  Le  Flore  to  have  a  cer 
tain  number  of  arms  delivered  on  the  west  side  of  the  Mississippi 
River  for  the  Indians,  and  General  Smith  has  been  instructed  to 
give  every  facility  for  their  transportation. 

Your  last  resolution^  which  instructs  your  delegates  to  assure 
the  Confederate  States  of  the  unshaken  loyalty  of  the  Six  Nations 
represented  in  the  grand  council  to  their  treaties  with  this  Gov 
ernment,  is  highly  creditable  to  them,  is  what  I  expected  from 
them,  and  claims  my  grateful  recognition.  Hie  soldiers  and  peo 
ple  of  the  Six  Nations  in  treat}'  and  amity  with  us  are  regarded 
by  this  Government  with  the  same  tender  care  and  solicitude  as 
are  the  soldiers  and  people  of  all  of  the  Confederate  States. 

Our  cause  is  one,  and  our  hearts  must  be  united;  we  must  all 
put  forth  our  whole  energy,  cultivate  harmony  and  confidence, 
practice  fortitude,  bring  forth  promptly  every  available  man  into 
the  field,  and  resolve  to  do,  and  if  need  be  to  die,  in  defense  of  our 
birthright.  And  with  the  providence  of  God  to  guide  and  to 
shield  us,  victor}'  will  perch  on  our  banners  and  bless  us  with 
peace,  independence,  and  prosperity. 

Accept  my  best  wishes  for  health  and  happiness  to  yourselves 
and  to  the  people  of  the  Six  Nations,  and  believe  me,  very  truly, 
vour  friend,  JEFFERSON  DAVIS. 


RESOLUTIONS  OF  THANKS. 

The  Congress  of  the  Confederate  States  of  America  do  rcsoh'c, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
tendered,  to  the  Thirty-Fourth  and  Thirty-Eighth  Regiments  of 


480  Messages  and  Papers  of  the  Confederacy. 

North  Carolina  troops,  for  the  promptness  and  unanimity  with 
which  they  have  reenlisted  for  the  war. 
Approved  May  17,  1864. 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
the  Texas  brigade,  composed  of  the  First,  Fourth,  and  Fifth  Tex 
as  and  Third  Arkansas  Regiments,  for  their  eminently  patriotic 
conduct  in  reenlisting  for  the  war. 

Approved  May  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  and  the  country  are  due,  and  are 
tendered,  to  Major  General  Robert  F.  Hoke  and  Commander 
James  W.  Cooke,  and  the  officers  and  men  under  their  command, 
for  the  brilliant  victory  over  the  enemy  at  Plymouth,  North  Car 
olina. 

Approved  May  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  due,  and  are  hereby  tendered,  to 
Brigadier  General  Joseph  Finegan,  and  the  officers  and  men  of 
his  command,  for  the  skill  and  gallantry  displayed  in  achieving  the 
signal  victory  of  Ocean  Pond,  Florida,  on  the  twentieth  of  Feb 
ruary  last. 

Approved  May  17,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
tendered,  to  Brigadier  General  F.  M.  Cockrell,  and  the  officers  and 
soldiers  composing  the  First,  Second,  Third,  Fourth,  Fifth,  and 
Sixth  Regiments  of  Missouri  infantry,  First,  Second,  and  Third 
Regiments  of  Missouri  cavalry,  the  batteries  of  Bledsoe,  Landis, 
Guibor,  Walsh,  Dawson,  and  Barrett,  and  Woodson's  detached 
company,  all  in  the  service  of  the  Confederacy  east  of  the  Mis 
sissippi  River,  for  the  prompt  renewal  of  their  pledges  of  fidelity 
to  the  cause  of  Southern  independence  for  forty  years,  unless  inde 
pendence  and  peace,  without  curtailment  of  boundaries,  shall  be 
sooner  secured. 

Approved  May  23,  1864. 


Second  Congress.  481 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
cordially  tendered,  to  Major  General  N.  B.  Forrest,  and  the  offi 
cers  and  men  of  his  command,  for  their  late  brilliant  and  success 
ful  campaign  in  Mississippi,  West  Tennessee,  and  Kentucky — a 
campaign  which  has  conferred  upon  its  authors  fame  as  enduring 
as  the  records  of  the  struggle  which  they  have  so  brilliantly  illus 
trated. 

Approved  May  23,  1864. 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
cordially  tendered,  to  the  Ninth  Regiment  of  Texas  infantry,  for 
their  patriotic  conduct  in  reenlisting  for  the  war,  and  tendering 
their  energies,  lives,  and  honor  to  the  service  of  the  Confederate 
States  till  it  is  ended  and  our  independence  achieved. 

Approved  June  4,  1864. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  thanks  of  Congress  are  eminently  due,  and  are  hereby 
most  cordially  tendered,  to  Major  General  Richard  Taylor,  and 
the  officers  and  men  of  his  command,  for  the  brilliant  successes 
obtained  by  them  over  the  enemy  in  Louisiana  during  the  past 
year,  and  particularly  for  the  victories  at  Mansfield  and  Pleasant 
Hill,  on  the  eighth  and  ninth  of  April  last,  and  their  subsequent 
operations  against  the  retreating  army  of  the  Federal  General 
Banks,  in  the  valley  of  the  Red  River. 

Resolved,  That  the  President  communicate  this  resolution  to 
Major  General  Taylor  and  the  officers  and  men  of  his  command. 

Approved  June  10,  1864. 
31 


482  Messages  and  Papers  of  the  Confederacy. 

SECOND' SESSION. 

MET  AT  RICHMOND,  VA.,  NOVEMBER  7,   1864.      ADJOURNED 
MARCH    l8,    1865. 

MESSAGES. 

RICHMOND,  VA.,  November  7,  1864. 

To  the  Senate  and  House  of  Representatives  of  the  Confederate  States  of 
America. 

It  is  with  satisfaction  that  I  welcome  your  presence  at  an  earlier 
day  than  that  usual  for  your  session,  and  with  confidence  that  I 
invoke  the  aid  of  your  counsels  at  a  time  of  such  public  exigency. 

The  campaign  which  was  commenced  almost  simultaneously 
with  your  session  early  in  May  last,  and  which  was  still  in  prog 
ress  at  your  adjournment  in  the  middle  of  June,  has  not  yet 
reached  its  close.  It  has  been  prosecuted  on  a  scale  and  with  an 
energy  heretofore  unequaled.  When  we  revert  to  the  condition  of 
our  country  at  the  inception  of  the  operations  of  the  present  year, 
to  the  magnitude  of  the  preparations  made  by  the  enemy,  the 
number  of  his  forces,  the  accumulation  of  his  warlike  supplies, 
and  the  prodigality  with  which  his  vast  resources  have  been  lav 
ished  in  the  attempt  to  render  success  assured ;  when  we  contrast 
the  numbers  and  means  at  our  disposal  for  resistance,  and  when 
we  contemplate  the  results  of  a  struggle  apparently  so  unequal, 
we  cannot  fail,  while  rendering  the  full  meed  of  deserved  praise 
to  our  generals  and  soldiers,  to  perceive  that  a  power  higher  than 
man  has  willed  our  deliverance,  and  gratefully  to  recognize  the 
protection  of  a  kind  Providence  in  enabling  us  successfully  to 
withstand  the  utmost  efforts  of  the  enemy  for  our  subjugation. 

At  the  beginning  of  the  year  the  State  of  Texas  was  partially  in 
possession  of  the  enemy,  and  large  portions  of  Louisiana  and 
Arkansas  lay  apparently  defenseless.  Of  the  Federal  soldiers 
who  invaded  Texas,  none  are  known  to  remain  except  as  prisoners 
of  war.  In  northwestern  Louisiana  a  large  and  well-appointed 
army,  aided  by  a  powerful  fleet,  was  repeatedly  defeated,  and 
deemed  itself  fortunate  in  finally  escaping  with  a  loss  of  one- 
third  of  its  numbers,  a  large  part  of  its  military  trains,  and  many 
transports  and  gunboats.  The  enemy's  occupation  of  that  State 


Second  Congress.  483 

is  reduced  to  the  narrow  district  commanded  by  the  guns  of  his 
fleet.  Arkansas  has  been  recovered  with  the  exception  of  a  few- 
fortified  posts,  while  our  forces  have  penetrated  into  central  Mis 
souri,  affording  to  our  oppressed  brethren  in  that  State  an  oppor 
tunity,  of  which  many  have  availed  themselves,  of  striking  for 
liberation  from  the  tyranny  to  which  they  have  been  subjected. 

On  the  east  of  the  Mississippi,  in  spite  of  some  reverses,  we 
have  much  cause  for  gratulation.  The  enemy  hoped  to  effect  dur 
ing  the  present  year,  by  concentration  of  forces,  the  conquest 
which  he  had  previously  failed  to  accomplish  by  more  extended 
operations.  Compelled  therefore  to  withdraw  or  seriously  to 
weaken  the  strength  of  the  armies  of  occupation  at  different  points, 
he  has  afforded  us  the  opportunity  of  recovering  possession  of  ex 
tensive  districts  of  our  territory.  Nearly  the  whole  of  northern 
and  western  Mississippi,  of  northern  Alabama,  and  of  western 
Tennessee  arc  again  in  our  possession,  and  all  attempts  to  pene 
trate  from  the  coast  line  into  the  interior  of  the  Atlantic  and  Gulf 
States  have  been  baffled.  On  the  entire  ocean  and  gulf  coast  of 
the  Confederacy  the  whole  success  of  the  enemy,  with  the  enor 
mous  naval  resources  at  his  command,  has  been  limited  to  the 
capture  of  the  outer  defenses  of  Mobile  Bay. 

If  we  now  turn  to  the  results  accomplished  by  the  two  great 
armies,  so  confidently  relied  on  by  the  invaders  as  sufficient  to 
secure  the  subversion  of  our  Government  and  the  subjugation  of 
our  people  to  foreign  domination,  we  have  still  greater  cause  for 
devout  gratitude  to  Divine  Power.  In  southwestern  Virginia 
successive  armies,  which  threatened  the  capture  of  Lynchburg 
and  Saltville,  have  been  routed  and  driven  out  of  the  country,  and 
a  portion  of  eastern  Tennessee  reconquered  by  our  troops.  In 
northern  Virginia  extensive  districts  formerly  occupied  by  the 
enemy  are  now  free  from  their  presence.  In  the  lower  Valley 
their  general,  rendered  desperate  by  his  inability  to  maintain  a 
hostile  occupation,  has  resorted  to  the  infamous  expedient  of  con 
verting  a  fruitful  land  into  a  desert  by  burning  its  mills,  gran 
aries,  and  homesteads,  and  destroying  the  food,  standing  crops, 
live  stock,  and  agricultural  implements  of  peaceful  noncombat- 
ants.  The  main  army,  after  a  series  of  defeats  in  which  its  losses 
have  been  enormous,  after  attempts  by  raiding  parties  to  break  up 
our  railroad  communications,  which  have  resulted  in  the  destruc- 


484  Messages  and  Papers  of  the  Confederacy. 

tion  of  a  large  part  of  the  cavalry  engaged  in  the  work,  after  con 
stant  repulse  of  repeated  assaults  on  our  defensive  lines,  is,  with 
the  aid  of  heavy  reinforcements,  but  with,  it  is  hoped,  waning 
prospect  of  further  progress  in  the  design,  still  engaged  in  an  ef 
fort  commenced  more  than  four  months  ago  to  capture  the  town 
of  Petersburg. 

The  army  of  General  Sherman,  although  succeeding  at  the  end 
of  the  summer  in  obtaining  possession  of  Atlanta,  has  been  unable 
to  secure  any  ultimate  advantage  from  this  success.  The  same 
general,  who  in  February  last  marched  a  large  army  from  Vicks- 
burg  to  Meridian  with  no  other  result  than  being  forced  to  march 
back  again,  was  able,  by  the  aid  of  greatly  increased  numbers  and 
after  much  delay,  to  force  a  passage  from  Chattanooga  to  Atlanta, 
only  to  be  for  the  second  time  compelled  to  withdraw  on  the  line 
of  his  advance  without  obtaining  control  of  a  single  mile  of  terri 
tory  beyond  the  narrow  track  of  his  march,  and  without  gaining 
aught  beyond  the  precarious  possession  of  a  few  fortified  points  in 
which  he  is  compelled  to  maintain  heavy  garrisons  and  which  are 
menaced  with  recapture. 

The  lessons  afforded  by  the  history  of  this  war  are  fraught  with 
instruction  and  encouragement.  Repeatedly  during  the  war  have 
formidable  expeditions  been  directed  by  the  enemy  against  points 
ignorantly  supposed  to  be  of  vital  importance  to  the  Confederacy. 
Some  of  these  expeditions  have,  at  immense  cost,  been  successful, 
but  in  no  instance  have  the  promised  fruits  been  reaped.  Again, 
in  the  present  campaign  was  the  delusion  fondly  cherished  that 
the  capture  of  Atlanta  and  Richmond  would,  if  effected,  end  the 
war  by  the  overthrow  of  our  Government  and  the  submission  of 
our  people.  We  can  now  judge  by  experience  how  unimportant 
is  the  influence  of  the  former  event  upon  our  capacity  for  defense, 
upon  the  courage  and  spirit  of  the  people,  and  the  stability  of  the 
Government.  We  may  in  like  manner  judge  that  if  the  campaign 
against  Richmond  had  resulted  in  success  instead  of  failure ;  if  the 
valor  of  the  army,  under  the  leadership  of  its  accomplished  com 
mander,  had  resisted  in  vain  the  overwhelming  masses  which  were, 
on  the  contrary,  decisively  repulsed;  if  we  had  been  compelled  to 
evacuate  Richmond  as  well  as  Atlanta — the  Confederacy  would 
have  remained  as  erect  and  defiant  as  ever.  Nothing  could  have 
been  changed  in  the  purpose  of  its  Government,  in  the  indomitable 


Second  Congress.  485 

valor  of  its  troops,  or  in  the  unquenchable  spirit  of  its  people.  The 
baffled  and  disappointed  foe  would  in  vain  have  scanned  the  re 
ports  of  your  proceedings,  at  some  new  legislative  seat,  for  any 
indication  that  progress  had  been  made  in  his  gigantic  task  of 
conquering  a  free  people.  The  truth  so  patent  to  us  must  ere 
long  be  forced  upon  the  reluctant  Northern  mind.  There  are  no 
vital  points  on  the  preservation  of  which  the  continued  existence 
of  the  Confederacy  depends.  There  is  no  military  success  of  the 
enemy  which  can  accomplish  its  destruction.  Not  the  fall  of  Rich 
mond,  nor  Wilmington,  nor  Charleston,  nor  Savannah,  nor  Mo 
bile,  nor  of  all  combined,  can  save  the  enemy  from  the  constant 
and  exhaustive  drain  of  blood  and  treasure  which  must  continue 
until  he  shall  discover  that  no  peace  is  attainable  unless  based  on 
the  recognition  of  our  indefeasible  rights. 

Before  leaving  this  subject  it  is  gratifying  to  assure  you  that  the 
military  supplies  essentially  requisite  for  public  defense  will  be 
found,  as  heretofore,  adequate  to  our  needs,  and  that  abundant 
crops  have  rewarded  the  labor  of  the  farmer  and  rendered  abortive 
the  inhuman  attempt  of  the  enemy  to  produce  by  devastation  fam 
ine  among  the  people. 

FOREIGN    RELATIONS. 

It  is  not  in  my  power  to  announce  any  change  in  the  conduct 
of  foreign  powers.  No  such  action  has  been  taken  by  the  Chris 
tian  nations  of  Europe  as  might  justly  have  been  expected  from 
their  history,  from  the  duties  imposed  by  international  law,  and 
from  the  claims  of  humanity.  It  is  charitable  to  attribute  their 
conduct  to  no  worse  motive  than  indifference  to  the  consequences 
of  a  struggle  which  shakes  only  the  republican  portion  of  the 
American  continent,  and  not  to  ascribe  to  design  a  course  calcu 
lated  to  insure  the  prolongation  of  hostilities. 

No  instance  in  history  is  remembered  by  me  in  which  a  nation 
pretending  to  exercise  dominion  over  another  asserting  its  inde 
pendence  has  been  the  first  to  concede  the  existence  of  such  inde 
pendence.  No  case  can  be  recalled  to  my  mind  in  which  neutral 
powers  have  failed  to  set  the  example  of  recognizing  the  independ 
ence  of  a  nation  when  satisfied  of  the  inability  of  its  enemy  to  sub 
vert  its  Government,  and  this,  too,  in  cases  where  the  previous 
relation  between  the  contending  parties  had  been  confessedly  that 


486  Messages  and  Papers  of  the  Confederacy. 

of  mother  country  and  dependent  colony ;  not,  as  in  our  case,  that 
of  coequal  States  united  by  Federal  compact.  It  has  ever  been 
considered  the  proper  function  and  duty  of  neutral  powers  to  per 
form  the  office  of  judging  whether  in  point  of  fact  the  nation 
asserting  dominion  is  able  to  make  good  its  pretensions  by  force 
of  arms,  and  if  not,  by  recognition  of  the  resisting  party,  to  dis 
countenance  the  further  continuance  of  the  contest.  And  the 
reason  why  this  duty  is  incumbent  on  neutral  powers  is  plainly 
apparent  when  we  reflect  that  the  pride  and  passion  which  blind 
the  judgment  of  the  parties  to  the  conflict  cause  the  continuance 
of  active  warfare  and  consequent  useless  slaughter  long  after  the 
inevitable  result  has  become  apparent  to  all  not  engaged  in  the 
struggle.  So  long,  therefore,  as  neutral  nations  fail,  by  recogni 
tion  of  our  independence,  to  announce  that  in  their  judgment  the 
United  States  are  unable  to  reduce  the  Confederacy  to  submis 
sion,  their  conduct  will  be  accepted  by  our  enemies  as  a  tacit  en 
couragement  to  continue  their  efforts,  and  as  an  implied  assurance 
that  belief  is  entertained  by  neutral  nations  in  the  success  of 
their  designs.  A  direct  stimulus,  whether  intentional  or  not,  is 
thus  applied  to  securing  a  continuance  of  the  carnage  and  devasta 
tion  which  desolate  this  continent  and  which  they  profess  deeply 
to  deplore. 

The  disregard  of  this  just,  humane,  and  Christian  public  duty 
by  the  nations  of  Europe  is  the  more  remarkable  from  the  fact  that 
authentic  expression  has  long  since  been  given  by  the  Govern 
ments  of  both  France  and  England  to  the  conviction  that  the  Unit 
ed  States  are  unable  to  conquer  the  Confederacy.  It  is  now  more 
than  two  years  since  the  Government  of  France  announced  offi 
cially  to  the  Cabinets  of  London  and  Saint  Petersburg  its  own 
conclusion  that  the  United  States  were  unable  to  achieve  any  de 
cisive  military  success.  In  the  answers  sent  by  these  powers  no 
intimation  of  a  contrary  opinion  was  conveyed ;  and  it  is  notorious 
that  in  speeches,  both  in  and  out  of  Parliament,  the  members  of 
Her  Britannic  Majesty's  Government  have  not  hesitated  to  express 
this  conviction  in  unqualified  terms.  The  denial  of  our  rights  un 
der  these  circumstances  is  so  obviously  unjust  and  discriminates 
so  unfairly  in  favor  of  the  United  States  that  neutrals  have  sought 
to  palliate  the  wrong  of  which  they  are  conscious  by  professing  to 
consider,  in  opposition  to  notorious  truth  and  to  the  known  belief 


Second  Congress.  487 

of  both  belligerents,  that  the  recognition  of  our  independence 
would  be  valueless  without  their  further  intervention  in  the  strug 
gle,  an  intervention  of  which  we  disclaim  the  desire  and  mistrust 
the  advantage.  We  seek  no  favor,  wre  wish  no  intervention,  we 
know  ourselves  fully  competent  to  maintain  our  own  rights  and 
independence  against  the  invaders  of  our  country,  and  we  feel 
justified  in  asserting  that  without  the  aid  derived  from  recruiting 
their  armies  from  foreign  countries  the  invaders  would  ere  this 
have  been  driven  from  our  soil.  When  the  recognition  of  the 
Confederacy  was  refused  by  Great  Britain  in  the  fall  of  1862  the 
refusal  was  excused  on  the  ground  that  any  action  by  Her  Majes 
ty's  Government  would  have  the  effect  of  inflaming  the  passions 
of  the  belligerents  and  of  preventing  the  return  of  peace.  It  is 
assumed  that  this  opinion  was  sincerely  entertained  ;  but  the  ex 
perience  of  two  years  of  unequaled  carnage  shows  that  it  was 
erroneous,  and  that  the  result  was  the  reverse  of  what  the  British 
ministry  humanely  desired.  A  contrary  policy,  a  policy  just  to 
us,  a  policy  diverging  from  an  unvarying  course  of  concession  to 
all  the  demands  of  our  enemies,  is  still  within  the  power  of  Her 
Majesty's  Government,  and  would,  it  is  fair  to  presume,  be  pro 
ductive  of  consequences  the  opposite  of  those  which  have  unfor 
tunately  followed  its  whole  course  of  conduct  from  the  commence 
ment  of  the  war  until  the  present  time.  In  a  word,  peace  is  im 
possible  without  independence,  and  it  is  not  to  be  expected  that 
the  enemy  will  anticipate  neutrals  in  the  recognition  of  that  inde 
pendence. 

When  the  history  of  the  war  shall  be  fully  disclosed,  the  calm 
judgment  of  the  impartial  publicist  will  for  these  reasons  be  unable 
to  absolve  the  neutral  nations  of  Europe  from  a  share  in  the  moral 
responsibility  for  the  myriads  of  human  lives  that  have  been  unnec 
essarily  sacrificed  during  its  progress. 

The  renewed  instances  in  which  foreign  powers  have  given  us 
just  cause  for  complaint  need  not  here  be  detailed.  The  extracts 
from  the  correspondence  of  the  State  Department  which  accom 
pany  this  message  will  afford  such  further  information  as  can  be 
given  without  detriment  to  the  public  interest,  and  we  must  re 
serve  for  the  future  such  action  as  may  then  be  deemed  advisable 
to  secure  redress. 


488  Messages  and  Papers  of  the  Confederacy. 

FINANCES. 

Your  especial  attention  is  earnestly  invited  to  the  report  of  the 
Secretary  of  the  Treasury,  submitted  in  conformity  with  law.  The 
facts  therein  disclosed  are  far  from  discouraging,  and  demonstrate 
that  with  judicious  legislation  we  shall  be  enabled  to  meet  all  the 
exigencies  of  the  war  from  our  abundant  resources  and  avoid  at 
the  same  time  such  an  accumulation  of  debt  as  would  render  at 
all  doubtful  our  capacity  to  redeem  it.  The  total  receipts  in  the 
Treasury  for  the  two  quarters  ending  on  the  3Oth  of  September, 
1864,  were  $415,191,550,  which  sum,  added  to  the  balance  of  $308,- 
282,722  that  remained  in  the  Treasury  on  the  ist  of  April  last, 
forms  a  total  of  $723,474,272.  Of  this  total,  not  far  from  half— 
that  is  to  say,  $342,560,327 — has  been  applied  to  the  extinction  of 
the  public  debt,-  while  the  total  expenditures  have  been  $272,378,- 
505,  leaving  a  balance  in  the  Treasury  on  the  ist  of  October,  1864, 
of  $108,535,440. 

The  total  amount  of  the  public  debt,  as  exhibited  on  the  books 
of  the  Register  of  the  Treasury  on  the  ist  of  October,  1864,  was 
$1,147,970,208,  of  which  $539,340,090  was  funded  debt  bearing 
interest,  $283,880,150  was  Treasury  notes  of  the  new  issue,  and 
the  remainder  consisted  of  the  former  issue  of  Treasury  notes, 
which  will  be  converted  into  other  forms  of  debt,  and  will  cease 
to  exist  as  currency  on  the  3ist  of  next  month. 

The  report,  however,  explains  that,  in  consequence  of  the  ab 
sence  of  certain  returns  from  distant  officers,  the  true  amount  of 
the  debt  is  less  by  about  $21,500,000  than  appears  on  the  books  of 
the  Register,  and  that  the  total  public  debt  on  the  ist  of  last  month 
may  be  fairly  considered  to  have  been  $1,126,381,095. 

The  increase  of  the  public  debt  during  the  six  months  from  the 
ist  of  April  to  the  ist  of  October  was  $97,650,780,  being  rather 
more  than  $16,000,000  per  month,  and  it  will  be  apparent,  on  a 
perusal  of  the  report,  that  this  augmentation  would  have  been 
avoided  and  a  positive  reduction  of  the  amount  would  have  been 
effected  but  for  certain  defects  in  the  legislation  on  the  subject  of 
finances,  which  are  pointed  out  in  the  report  and  which  seem  to 
admit  of  easy  remedy. 

In  the  statements  just  made  the  foreign  debt  is  omitted.  It 
consists  only  of  the  unpaid  balance  of  the  loan  known  as  the  cotton 
loan.  This  balance  is  but  £2,200,000  and  is  adequately  provided 


Second  Congress.  489 

for  by  about  250,000  bales  of  cotton  owned  by  the  Government, 
even  if  the  cotton  be  rated  as  worth  but  6  pence  per  pound. 

There  is  one  item  of  the  public  debt  not  included  in  the  tables 
presented,  to  which  your  attention  is  required.  The  bounty  bonds 
promised  to  our  soldiers  by  the  third  section  of  the  act  of  i/th  of 
February,  1864,  were  deliverable  on  the  1st  of  October.  The 
Secretary  has  been  unable  to  issue  them  by  reason  of  an  omission 
in  the  law,  no  time  being  therein  fixed  for  the  payment  of  the 
bonds. 

The  aggregate  appropriations  called  for  by  the  different  de 
partments  of  the  Government,  according  to  the  estimates  sub 
mitted  with  the  report,  for  the  six  months  ending  on  the  3Oth  of 
June,  1865,  amount  to  $438,102,679,  while  the  Secretary  esti 
mates  that  there  will  remain  unexpended  out  of  former  appropria 
tions,  on  the  ist  of  January.  1865,  a  balance  of  $467,416,504.  It 
would  therefore  seem  that  former  estimates  have  been  largely  in 
excess  of  actual  expenditures,  and  that  no  additional  appropria 
tions  are  required  for  meeting  the  needs  of  the  public  service  up 
to  the  ist  of  July  of  next  year.  Indeed,  if  the  estimates  now  pre 
sented  should  prove  to  be  as  much  in  excess  of  actual  expendi 
tures  as  has  heretofore  been  the  case,  a  considerable  balance  will 
still  remain  unexpended  at  the  close  of  the  first  half  of  the  ensuing 
year. 

The  chief  difficulty  to  be  apprehended  in  connection  with  our 
finances  results  from  the  depreciation  of  the  Treasury  notes,  which 
seems  justly  to  be  attributed  by  the  Secretary  to  two  causes,  re 
dundancy  in  amount  and  \vant  of  confidence  in  ultimate  redemp 
tion,  for  both  of  which  remedies  are  suggested  that  will  commend 
themselves  to  your  consideration  as  being  practical  as  well  as  effi 
cient. 

The  main  features  of  the  plan  presented  are  substantially  these  : 
First,  that  the  faith  of  the  Government  be  pledged  that  the  notes 
shall  ever  remain  exempt  from  taxation ;  second,  that  no  issue 
shall  be  made  beyond  that  which  is  already  authorized  by  law ; 
third,  that  a  certain  fixed  portion  of  the  annual  receipts  from  tax 
ation  during  the  war  shall  be  set  apart  especially  for  the  gradual 
extinction  of  the  outstanding  amount  until  it  shall  have  been  re 
duced  to  $150,000,000;  and  fourth,  the  pledge  and  appropriation  of 
such  proportion  of  the  tax  in  kind  and  for  such  number  of  years 


490  Messages  and  Papers  of  the  Confederacy. 

after  the  return  of  peace  as  shall  be  sufficient  for  the  final  redemp 
tion  of  the  entire  circulation. 

The  details  of  the  plan,  the  calculations  on  which  it  is  based,  the 
efficiency  of  its  operation,  and  the  vast  advantages  which  would 
result  from  its  success  are  fully  detailed  in  the  report,  and  cannot 
be  fairly  presented  in  a  form  sufficiently  condensed  for  this  mes 
sage.  I  doubt  not  it  will  receive  from  you  that  earnest  and  can 
did  consideration  which  is  merited  by  the  importance  of  the  sub 
ject. 

The  recommendations  of  the  report  for  the  repeal  of  certain 
provisions  of  the  tax  laws  which  produce  inequality  in  the  burden 
of  taxation ;  for  exempting  all  Government  loans  from  taxation  on 
capital,  and  from  any  adverse  discrimination  in  taxation  on  in 
come  derived  from  them ;  for  placing  the  taxation  on  banks  on  the 
same  footing  as  the  taxation  of  other  corporate  bodies ;  for  secur 
ing  the  payment  into  the  Treasury  of  that  portion  of  the  bank 
circulation  which  is  liable  to  confiscation  because  held  by  alien  en 
emies;  for  the  conversion  of  the  interest-bearing  Treasury  notes 
now  outstanding  into  coupon  bonds,  and  for  the  quarterly  collec 
tion  of  taxation — all  present  practical  questions  for  legislation, 
which,  if  wisely  devised,  will  greatly  improve  the  public  credit  and 
alleviate  the  burdens  now  imposed  by  the  extreme  and  unnecessary 
depreciation  in  the  value  of  the  currency. 

The  returns  of  the  Produce  Loan  Bureau  are  submitted  with 
the  report,  and  the  information  is  conveyed  that  the  Treasury 
agency  in  the  Trans-Mississippi  Department  has  been  fully  organ 
ized  and  is  now  in  operation,  with  promise  of  efficiency  and  suc 
cess. 

The  provision  heretofore  made  to  some  extent  for  increasing 
the  compensation  of  public  officers,  civil  and  military,  is  found  to 
be  in  some  places  inadequate  to  their  support,  perhaps  not  more 
so  anywhere  tnan  in  Richmond,  and  inquiry  with  a  view  to  appro 
priate  remedy  is  suggested  to  your  consideration.  Your  notice  is 
also  called  to  the  condition  of  certain  officers  of  the  Treasury,  who 
were  omitted  in  the  law  heretofore  passed  for  the  relief  of  other 
public  officers,  as  mentioned  in  .the  report  of  the  Secretary  of  the 
Treasury. 


Second  Congress.  491 

DEPARTMENT  OF   WAR. 

The  condition  of  the  various  branches  of  the  military  service  is 
stated  in  the  accompanying  report  of  the  Secretary  of  War. 
Among  the  suggestions  made  for  legislative  action,  with  a  view 
to  add  to  the  number  and  efficiency  of  the  Army,  all  of  which  will 
receive  your  consideration,  there  are  some  prominent  topics  which 
merit  special  notice. 

The  exemption  from  military  duty  now  accorded  by  law  to  all 
persons  engaged  in  certain  specified  pursuits  or  professions  is 
shown  by  experience  to  be  unwise,  nor  is  it  believed  to  be  defen 
sible  in  theory.  The  defense  of  home,  family,  and  country  is  uni 
versally  recognized  as  the  paramount  political  duty  of  every  mem 
ber  of  society,  and  in  a  form  of  government  like  ours,  where  each 
citizen  enjoys  an  equality  of  rights  and  privileges,  nothing  can  be 
more  invidious  than  an  unequal  distribution  of  duties  and  obliga 
tions.  No  pursuit  or  position  should  relieve  any  one  who  is  able 
to  do  active  duty  from  enrollment  in  the  Army,  unless  his  func 
tions  or  services  are  more  useful  to  the  defense  of  his  country  in 
another  sphere.  But  it  is  manifest  that  this  cannot  be  the  case 
with  entire  classes.  All  telegraph  operators,  workmen  in  mines, 
professors,  teachers,  engineers,  editors  and  employees  of  news 
papers,  journeymen  printers,  shoemakers,  tanners,  blacksmiths, 
millers,  physicians,  and  the  numerous  other  classes  mentioned  in 
the  laws  cannot  in  the  nature  of  things  be  equally  necessary  in 
their  several  professions,  nor  distributed  throughout  the  country 
in  such  proportions  that  only  the  exact  numbers  required  are 
found  in  each  locality ;  nor  can  it  be  everywhere  impossible  to  re 
place  those  within  the  conscript  age  by  men  older  and  less  capable 
of  active  field  services.  A  discretion  should  be  vested  in  the  mil 
itary  authorities,  so  that  a  sufficient  number  of  those  essential  to 
the  public  service  might  be  detailed  to  continue  the  exercise  of 
their  pursuits  or  professions ;  but  the  exemption  from  service  of  the 
entire  classes  should  be  wholly  abandoned.  It  affords  great  fa 
cility  for  abuses,  offers  the  temptation  as  well  as  the  ready  means 
of  escaping  service  by  fraudulent  devices,  and  is  one  of  the  prin 
cipal  obstructions  to  the  efficient  operation  of  the  conscript  laws. 

A  general  militia  law  is  needful  in  the  interest  of  the  public 
defense.  The  Constitution,  by  vesting  the  power  in  Congress, 
imposes  on  it  the  duty  of  providing  "for  organizing,  arming,  and 


492  Messages  and  Papers  of  the  Confederacy. 

disciplining  the  militia,  and  for  governing  such  part  of  them  as 
may  be  employed  in  the  service  of  the  Confederate  States."  The 
great  diversity  in  the  legislation  of  the  several  States  on  this  sub 
ject,  and  the  absence  of  any  provision  establishing  an  exact  meth 
od  for  calling  the  militia  into  Confederate  service,  are  sources  of 
embarrassment  which  ought  no  longer  to  be  suffered  to  impede 
defensive  measures. 

The  legislation  in  relation  to  the  cavalry  demands  change.  The 
policy  of  requiring  men  to  furnish  their  own  horses  has  proven 
pernicious  in  many  respects.  It  interferes  with  discipline,  impairs 
efficiency,  and  is  the  cause  of  frequent  and  prolonged  absence  from 
appropriate  duty.  The  subject  is  fully  treated  in  the  Secretary's 
report,  with  suggestions  as  to  the  proper  measures  for  reforming 
that  branch  of  the  service. 

The  recommendation  hitherto  often  made  is  again  renewed,  that 
some  measure  be  adopted  for  the  reorganization  and  consolida 
tion  of  companies  and  regiments  when  so  far  reduced  in  numbers 
as  seriously  to  impair  their  efficiency.  It  is  the  more  necessary 
that  this  should  be  done,  as  the  absence  of  legislation  on  the  sub 
ject  has  forced  generals  in  the  field  to  resort  to  various  expedients 
for  approximating  the  desired  end.  It  is  surely  an  evil  that  a 
commanding  officer  should  be  placed  in  a  position  which  forces 
upon  him  the  choice  of  allowing  the  efficiency  of  his  command  to 
be  seriously  impaired  or  of  attempting  to  supply  by  the  exercise 
of  doubtful  authority  the  want  of  proper  legal  provision.  The 
regard  for  the  sensibility  of  officers  who  have  heretofore  served 
with  credit,  and  which  is  believed  to  be  the  controlling  motive 
that  has  hitherto  obstructed  legislation  on  this  subject,  however 
honorable  and  proper,  may  be  carried  to  a  point  which  seriously 
injures  the  public  good ;  and  if  this  be  the  case,  it  can  scarcely  be 
questioned  which  of  the  two  considerations  should  be  deemed 
paramount. 

The  Secretary's  recommendations  on  the  subject  of  facilitating; 
the  acquisition  of  the  iron  required  for  maintaining  the  efficiency 
of  railroad  communication  on  the  important  military  lines  are  com 
mended  to  your  favor.  The  necessity  for  the  operation  in  full 
vigor  of  such  lines  is  too  important  to  need  comment. 

The  question  in  dispute  between  the  two  Governments  relative 
to  the  exchange  of  prisoners  of  war  has  been  frequently  presented. 


Second  Congress.  493 

in  former  messages  and  reports,  and  is  fully  treated  by  the  Secre 
tary.  The  solicitude  of  the  Government  for  the  relief  of  our  cap 
tive  fellow-citizens  has  known  no  abatement,  but  has,  on  the  con 
trary,  been  still  more  deeply  evoked  by  the  additional  sufferings 
to  which  they  have  been  wantonly  subjected  by  deprivation  of 
adequate  food,  clothing,  and  fuel,  which  they  were  not  even  per 
mitted  to  purchase  from  the  prison  sutlers.  Finding  that  the 
enemy  attempted  to  excuse  their  barbarous  treatment  by  the  un 
founded  allegation  that  it  was  retaliatory  for  like  conduct  on  our 
part,  an  offer  was  made  by  us  with  a  view  of  ending  all  pretext 
for  such  recriminations  or  pretended  retaliation. 

The  offer  has  been  accepted,  and  each  Government  is  hereafter 
to  be  allowed  to  provide  necessary  comforts  to  its  own  citizens  held 
captive  by  the  other.  Active  efforts  are  in  progress  for  the  imme 
diate  execution  of  this  agreement,  and  it  is  hoped  that  but  few 
days  will  elapse  before  we  shall  be  relieved  from  the  distressing 
thought  that  painful  physical  suffering  is  endured  by  so  many  of 
our  fellow-citizens  whose  fortitude  in  captivity  illustrates  the  na 
tional  character  as  fully  as  did  their  valor  in  actual  conflict. 

K M  PLOY M  K X T  OF  SLAVICS. 

The  employment  of  slaves  for  service  with  the  Army  as  team 
sters  or  cooks,  or  in  the  way  of  work  upon  the  fortifications,  or  in 
the  Government  workshops,  or  in  hospitals  and  other  similar  du 
ties,  was  authorized  by  the  act  of  I7th  of  February  last,  and  pro 
vision  was  made  for  their  impressment  to  a  number  not  exceeding 
20,000,  if  it  should  be  found  impracticable  to  obtain  them  by  con 
tract  with  the  owners.  The  law  contemplated  the  hiring  only  of 
the  labor  of  these  slaves,  and  imposed  on  the  Government  the 
liability  to  pay  for  the  value  of  such  as  might  be  lost  to  the  owners 
from  casualties  resulting  from  their  employment  in  the  service. 

This  act  has  produced  less  result  than  was  anticipated,  and 
further  provision  is  required  to  render  it  efficacious ;  but  my  pres 
ent  purpose  is  to  invite  your  consideration  to  the  propriety  of  a 
radical  modification  in  the  theory  of  the  law. 

Viewed  merely  as  property,  and  therefore  as  the  subject  of 
impressment,  the  service  or  labor  of  the  slave  has  been  frequently 
claimed  for  short  periods  in  the  construction  of  defensive  works. 
The  slave,  however,  bears  another  relation  to  the  State — that  of  a 


494  Messages  and  Papers  of  the  Confederacy. 

person.  The  law  of  last  February  contemplates  only  the  relation 
of  the  slave  to  the  master  and  limits  the  impressment  to  a  certain 
term  of  service. 

But  for  the  purposes  enumerated  in  the  act,  instruction  in  the* 
manner  of  encamping,  marching,  and  parking  trains  is  needful ; 
so  that  even  in  this  limited  employment  length  of  service  adds 
greatly  to  the  value  of  the  negro's  labor.  Hazard  is  also  encoun 
tered  in  all  the  positions  to  which  negroes  can  be  assigned  for 
service  with  the  Army,  and  the  duties  required  of  them  demand 
loyalty  and  zeal.  In  this  respect  the  relation  of  person  predom 
inates  so  far  as  to  render  it  doubtful  whether  the  private  right  of 
property  can  consistently  and  beneficially  be  continued,  and  it 
would  seem  proper  to  acquire  for  the  public  service  the  entire 
property  in  the  labor  of  the  slave,  and  to  pay  therefor  due  com 
pensation  rather  than  to  impress  his  labor  for  short  terms ;  and  this 
the  more  especially  as  the  effect  of  the  present  law  wouM  vest  this 
entire  property  in  all  cases  where  the  slave  might  be  recaptured 
after  compensation  for  his  loss  had  been  paid  to  the  private  owner. 
Whenever  the  entire  property  in  the  service  of  a  slave  is  thus 
acquired  by  the  Government,  the  question  is  presented  by  what 
tenure  he  should  be  held.  Should  he  be  retained  in  servitude, 
or  should  his  emancipation  be  held  out  to  him  as  a  reward  for 
faithful  service,  or  should  it  be  granted  at  once  on  the  promise  of 
such  service;  and  if  emancipated,  what  action  should  be  taken  tq 
secure  for  the  freedman  the  permission  of  the  State  from  which 
he  was  drawn  to  reside  within  its  limits  after  the  close  of  the 
public  service  ?  The  permission  would  doubtless  be  more  readily 
accorded  as  a  reward  for  past  faithful  service,  and  a  double  mo 
tive  for  a  zealous  discharge  of  duty  would  thus  be  offered  to  those 
employed  by  the  Government — their  freedom  and  the  gratification 
of  the  local  attachment  which  is  so  marked  a  characteristic  of  the 
negro,  and  forms  so  powerful  an  incentive  to  his  action.  The 
policy  of  engaging  to  liberate  the  negro  on  his  discharge  after 
service  faithfully  rendered  seems  to  me  preferable  to  that  of  grant 
ing  immediate  manumission,  or  that  of  retaining  him  in  servitude. 
If  this  policy  should  recommend  itself  to  the  judgment  of  Con 
gress,  it  is  suggested  that,  in  addition  to  the  duties  heretofore  per 
formed  by  the  slave,  he  might  be  advantageously  employed  as 


Second  Congress.  495 

pioneer  and  engineer  laborer,  and  in  that  event  that  the  number 
should  be  augmented  to  40,000. 

Beyond  these  limits  and  these  employments  it  does  not  seem  to 
me  desirable,  under  existing  circumstances,  to  go.  A  broad  moral 
distinction  exists  between  the  use  of  slaves  as  soldiers  in  defense 
of  their  homes  and  the  incitement  of  the  same  persons  to  insurrec 
tion  against  their  masters.  The  one  is  justifiable,  if  necessary, 
the  other  is  iniquitous  and  unworthy  of  a  civilized  people  ;  and  such 
is  the  judgment  of  all  writers  on  public  law,  as  well  as  that  ex 
pressed  and  insisted  on  by  our  enemies  in  all  wars  prior  to  that 
now  waged  against  us.  By  none  have  the  practices  of  which  they 
are  now  guilty  been  denounced  with  greater  severity  than  by 
themselves  in  the  two  wars  with  Great  Britain,  in  the  last  and  in 
the  present  century  ;  and  in  the  Declaration  of  Independence  of 
1776,  when  enumeration  was  made  of  the  wrongs  which  justified 
the  revolt  from  Great  Britain,  the  climax  of  atrocity  was  deemed 
to  be  reached  only  when  the  English  monarch  was  denounced  as 
having  "excited  domestic  insurrections  amongst  us." 

The  subject  is  to  be  viewed  by  us,  therefore,  solely  in  the  light 
of  policy  and  our  social  economy.  When  so  regarded,  I  must  dis 
sent  from  those  who  advise  a  general  levy  and  arming  of  the  slaves 
for  the  duty  of  soldiers.  Until  our  white  population  shall  prove 
insufficient  for  the  armies  we  require  and  can  afford  to  keep  in 
the  field,  to  employ  as  a  soldier  the  negro,  who  has  merely  been 
trained  to  labor,  and  as  a  laborer  [under]  the  white  man,  accus 
tomed  from  his  youth  to  the  use  of  firearms,  would  scarcely  be 
deemed  wise  or  advantageous  by  any ;  and  this  is  the  question  now 
before  us.  But  should  the  alternative  ever  be  presented  of  sub 
jugation  or  of  the  employment  of  the  slave  as  a  soldier,  there 
seems  no  reason  to  doubt  what  should  then  be  our  decision. 
Whether  our  view  embraces  what  would,  in  so  extreme  a  case,  be 
the  sum  of  misery  entailed  by  the  dominion  of  the  enemy,  or  be 
restricted  solely  to  the  effect  upon  the  welfare  and  happiness  of 
the  negro  population  themselves,  the  result  would  be  the  same. 
The  appalling  demoralization,  suffering,  disease,  and  death  which 
have  been  caused  by  partially  substituting  the  invader's  system  of 
police  for  the  kind  relation  previously  subsisting  between  the  mas 
ter  and  slave  have  been  a  sufficient  demonstration  that  external 
interference  with  our  institution  of  domestic  slavery  is  productive 


496  Messages  and  Papers  of  the  Confederacy. 

of  evil  only.  If  the  subject  involved  no  other  consideration  than 
the  mere  right  of  property,  the  sacrifices  heretofore  made  by  our 
people  have  been  such  as  to  permit  no  doubt  of  their  readiness  to 
surrender  every  possession  in  order  to  secure  their  independence. 
But  the  social  and  political  question,  which  is  exclusively  under 
the  control  of  the  several  States,  has  a  far  wider  and  more  endur 
ing  importance  than  that  of  pecuniary  interest.  In  its  manifold 
phases  it  embraces  the  stability  of  our  republican  institutions,  rest 
ing  on  the  actual  political  equality  of  all  its  citizens,  and  includes 
the  fulfillment  of  the  task  which  has  been  so  happily  begun — that 
of  Christianizing  and  improving  the  condition  of  the  Africans  who 
have,  by  the  will  of  Providence,  been  placed  in  our  charge.  Com 
paring  the  results  of  our  own  experience  with  those  of  the  experi 
ments  of  others  who  have  borne  similar  relation  to  the  African 
race,  the  people  of  the  several  States  of  the  Confederacy  have 
abundant  reason  to  be  satisfied  with  the  past,  and  will  use  the 
greatest  circumspection  in  determining  their  course.  These  con 
siderations,  however,  are  rather  applicable  to  the  improbable  con 
tingency  of  our  need  of  resorting  to  this  element  of  resistance 
than  to  our  present  condition.  If  the  recommendation  above 
made,  for  the  training  of  40,000  negroes  for  the  service  indicated, 
shall  meet  your  approval,  it  is  certain  that  even  this  limited  num 
ber,  by  their  preparatory  training  in  intermediate  duties,  would 
form  a  more  valuable  reserve  force  in  case  of  urgency  than  three 
fold  their  number  suddenly  called  from  field  labor,  while  a  fresh 
levy  could,  to  a  certain  extent,  supply  their  places  in  the  special 
service  for  which  they  are  now  employed. 

OTHER  DEPARTMENTS. 

The  regular  annual  reports  of  the  Attorney  General,  the  Secre 
tary  of  the  Navy,  and  the  Postmaster  General  are  appended,  and 
give  ample  information  relative  to  the  condition  of  the  respective 
Departments.  They  contain  suggestions  for  legislative  provisions 
required  to  remedy  such  defects  in  the  existing  laws  as  have  been 
disclosed  by  experience,  but  none  of  so  general  or  important  a 
character  as  to  require  that  I  should  do  more  than  recommend 
them  to  your  favorable  consideration. 


Second  Congress.  497 

NEGOTIATIONS   FOR   PEACE. 

The  disposition  of  this  Government  for  a  peaceful  solution  of 
the  issues  which  the  enemy  has  referred  to  the  arbitrament  of 
arms  has  been  too  often  manifested  and  is  too  well  known  to  need 
newr  assurances.  But  while  it  is  true  that  individuals  and  par 
ties  in  the  United  States  have  indicated  a  desire  to  substitute  rea 
son  for  force,  and  by  negotiations  to  stop  the  further  sacrifice  of 
human  life,  and  to  arrest  the  calamities  which  now  afflict  both 
countries,  the  authorities  who  control  the  Government  of  our 
enemies  have  too  often  and  too  clearly  expressed  their  resolution 
to  make  no  peace,  except  on  terms  of  our  unconditional  submis-. 
sion  and  degradation,  to  leave  us  any  hope  of  the  cessation  of  hos 
tilities  until  the  delusion  of  their  ability  to  conquer  us  is  dispelled. 
Among  those  who  arc  already  disposed  for  peace  many  are  actu 
ated  by  principle  and  by  disapproval  and  abhorrence  of  the  iniqui 
tous  warfare  that  their  Government  is  waging,  while  others  are 
moved  by  the  conviction  that  it  is  no  longer  to  the  interest  of  the 
United  States  to  continue  a  struggle  in  which  success  is  unattain 
able.  Whenever  this  fast-growing  conviction  shall  have  taken 
firm  root  in  the  minds  of  a  majority  of  the  Northern  people,  there 
will  be  produced  that  willingness  to  negotiate  for  peace  which  is 
now  confined  to  our  side.  Peace  is  manifestly  impossible  unless 
desired  by  both  parties  to  this  war,  and  the  disposition  for  it  among 
our  enemies  will  be  best  and  most  certainly  evoked  by  the  demon 
stration  on  our  part  of  ability  and  unshaken  determination  to  de 
fend  our  rights,  and  to  hold  no  earthly  price  too  dear  for  their  pur 
chase.  Whenever  there  shall  be  on  the  part  of  our  enemies  a  de 
sire  for  peace,  there  will  be  no  difficulty  in  finding  means  by  which 
negotiation  can  be  opened ;  but  it  is  obvious  that  no  agency  can  be 
called  into  action  until  this  desire  shall  be  mutual.  When  that  con 
tingency  shall  happen,  the  Government,  to  which  is  confided  the 
treaty-making  power,  can  be  at  no  loss  for  means  adapted  to  ac 
complish  so  desirable  an  end.  In  the  hope  that  the  day  will  soon 
be  reached  when  under  Divine  favor  these  States  may  be  allowed 
to  enter  on  their  former  peaceful  pursuits  and  to  develop  the 
abundant  natural  resources  with  which  they  are  blessed,  let  us, 
then,  resolutely  continue  to  devote  our  united  and  unimpaired  en 
ergies  to  the  defense  of  our  homes,  our  lives,  and  our  liberties. 
32 


498  Messages  and  Papers  of  the  Confederacy. 

This  is  the  true  path  to  peace.     Let  us  tread  it  with  confidence  in 
the  assured  result.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  November  9,  1864. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  showing  that  a  dangerous  conspiracy 
exists  in  some  of  the  counties  of  southwestern  Virginia  and  in 
the  neighboring  portions  of  North  Carolina  and  Tennessee,  which 
it  is  found  impracticable  to  suppress  by  the  ordinary  course. of  law. 
The  facts  are  so  fully  exhibited  by  the  report  and- accompanying 
papers,  herewith  submitted,  that  I  consider  it  unnecessary  to  re 
peat  them  or  to  do  more  than  invite  your  early 'attention  to  dis 
closures  upon  which  I  deem  it  my  duty  to  recommend  the  suspen 
sion  of  the  writ  of  habeas  corpus  in  order  that  full  efficacy  may 
be  given  to  the  military  power  for  the  repression  of  the  evil. 

It  may  be  proper  here  to  add  that  after  the  expiration  of  the 
term  for  which  the  writ  was  suspended  serious  embarrassment 
was  encountered,  particularly  at  Mobile,  Wilmington,  and  Rich 
mond,  on  account  of  the  inability  of  the  military  authorities  to 
arrest  and  hold  suspected  persons  against  whom  the  testimony 
was  sufficient  to  give  full  assurance  that  they  were  spies  or  hold 
ing  treasonable  communication  with  the  enemy,  though  legal  proof 
could  not  be  adduced  to  secure  their  commitment  and  conviction 
by  the  courts,  either  because  of  the  character  of  the  evidence  or  of 
the  necessity  for  concealing  the  sources  of  information,  which 
were  not  infrequently  within  the  enemy's  lines. 

JEFFERSON  DA  via 


RICHMOND,  VA.,  Nov.  9,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of 
War,  covering  copies  of  several  reports  of  military  operations  dur 
ing  the  present  year,  and  renew  my  suggestion  that  all  such  pa 
pers  are  submitted  for  the  information  of  Congress,  and  that  it  is 
not  considered  advisable  to  publish  them  at  this  time. 

JEFFERSON  DAVIS. 


Second  Congress.  499 

RICHMOND,  VA.,  November  n,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  the  reports  of  Major 
General  N.  B.  Forrest,  relative  to  the  battle  of  Tishomingo  Creek, 
and  of  Captain  B.  L.  Farinholt,  relative  to  the  engagement  of  the 
enemy  with  the  reserve  forces  at  Staunton  River  Bridge. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  November  11,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I4th  June  last,  I  herewith 
transmit  communications  from  the  Secretaries  of  the  Treasury  and 
of  War,  conveying  the  information  desired,  relative  to  the  tax  in 
kind  and  other  taxes  collected  from  the  several  States  for  the  year 
1863.  JKFFKRSON  DAVIS. 

RICHMOND,  VA.,  November  15,  1864. 
To  the  Senate  and   House  of  Representatives. 

I  herewith  transmit  lor  your  consideration  a  communication 
from  the  Secretary  of  War,  submitting-  an  estimate  for  an  addi 
tional  appropriation,"  to  be  employed  for  the  purpose  which  he 
indicates.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  November  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  a  copy  of  the  report  by  General 
G.  T.  Beauregard  of  operations  on  Morris  Island  during  the 
months  of  July,  August,  and  September,  1863. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Nov.  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information,  in  secret  session,  a 

*To  compensate  owners  of  the  steamer  "Phoenix,"  impressed  by  military 
authority,  and  sunk  as  an  obstruction  in  Mobile  harbor. 


500  Messages  and  Papers  of  the  Confederacy. 

communication  from  the  Secretary  of  State,  submitting  copies  of 
the  correspondence  with  our  commissioners  abroad,  referred  to  in 
my  message  of  the  7th  inst.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  November  21,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  8th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  which 
conveys  the  information  requested  relative  to  the  act  of  June  14, 
1864,  to  "provide  and  organize  a  general  staff." 

The  seventh  section  of  the  act  invests  the  Executive  with  the 
discretion  which  has  been  exercised.  The  eighth  section,  by  re 
stricting  appointments,  indicates  the  course  which  has  been  pur 
sued  in  the  attempt  to  ascertain  with  accuracy  the  number  of  offi 
cers  in  the  several  staff  corps,  so  as  to  distribute  them  in  accord 
ance  with  the  order  from  the  Adjutant  General's  office,  a  copy 
of  which  is  annexed,  as  well  as  to  ascertain  whether  there  are  not 
supernumerary  staff  officers  now  in  commission  who  should  be 
discharged.  JEFFERSON  DAVIS 

RICHMOND,  VA.,  Nov.  21,  1864. 
To  the  Senate  of  the  Confederate  States. 

I  response  to  your  resolution  of  the  I7th  instant,  I  herewith 
transmit  a  communication*  from  the  Secretary  of  State,  which 
conveys  the  information  requested.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  November  2ist,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  9th  inst,  I  herewith  trans 
mit  communications  from  the  Secretaries  of  the  Treasury  and  of 
War,  covering  copies  of  all  orders  now  in  force  which  have  been 
issued  to  the  assessors  and  collectors  of  taxes. 

JEFFERSON  DAVIS. 

*Stating  that  no  intimation  has  been  received  by  the  Confederate  Gov 
ernment  of  a  willingness  on  the  part  of  any  State  of  the  United  States 
to  go  into  convention  with  the  States  of  the  Confederacy  for  the  purpose 
of  negotiating  a  peace,  or  consulting  on  the  best  method  of  effecting  a 
cessation  of  hostilities,  or  for  any  purpose  whatever. 


Second  Congress.  501 

RICHMOND,  VA.,  November  24,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  8th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  relative  to 
the  special  exchange  of  prisoners  of  war  by  the  Commissioner  of 
Exchange.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  November  24th,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  iQth  inst.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  relative  to  the 
recent  impressment  of  slaves  by  his  order  in  the  State  of  Virginia. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Nov.  24,  1864. 

To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  1401  instant,  adopted  in 
secret  session,  I  herewith  transmit  a  communication  from  the  Sec 
retary  of  War,  which  conveys  the  information  requested  relative 
to  the  enlistment  into  our  Army  of  prisoners  of  war  who  have  tak 
en  the  oath  of  allegiance  to  the  Confederate  States. 

JEFFERSON   DAVIS. 

RICHMOND,  November  26,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  i^th  instant,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War  relative  to  the  number  of  persons  in  "each  State  ex 
empted  from  military  service  upon  the  certificate  of  the  Governors, 
respectively,  that  they  are  officers  necessary  for  the  proper  admin 
istration  of  the  government  of  said  States."  JEFF'N  DAVIS. 

RICHMOND,  VA.,  November  26,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  9th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  which  con- 


502  Messages  and  Papers  of  the  Confederacy. 

veys  the  information  requested  relative  to  the  number  of  persons 
exempted  or  detailed  for  certain  specified  purposes,  so  far  as  the 
records  of  the  Department  enable  him  to  furnish  it. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Nov.  29,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  estimates  for  addi 
tional  appropriations  required  by  the  Navy  Department. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  6,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  I4th  ult.,  adopted  in  secret 
session,  I  herewith  transmit  a  communication  from  the  Secretary 
of  War,  which  conveys  the  information  desired  relative  to  the 
rations  furnished  to  prisoners  of  war.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  6,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  23d  ultimo,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  which  con 
veys  the  information  requested  relative  to  the  arrangements  which 
have  been  made  ''for  the  relief  of  our  soldiers  who  are  prisoners 
of  war  in  the  hands  of  the  enemy."  JEFFERSON  DAVIS. 


RICHMOND,  Dec.  6,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  23d  ultimo,  I  herewith 
transmit  and  invite  your  attention  to  a  communication  from  the 
Secretary  of  War,  relative  to  the  "appointment  under  an  act  ap 
proved  June  14,  1864,  providing  for  the  establishment  and  pay 
ment  of  claims  for  a  certain  description  of  property  taken  or  in 
formally  impressed  for  the  use  of  the  Army." 

JEFFERSON  DAVTS. 


Second  Congress.  503 

RICHMOND,  VA.,  Dec.  6,  1864. 

To  the  Jrlou.se  of  Representatives. 

In  response  to  your  resolution  of  the  23d  ultimo,  I  herewith 
transmit  communications  from  the  Secretaries  of  the  Treasury  and 
of  War,  relative  to  the  protection  secured  for  the  cotton  under 
their  control,  belonging  to  the  Confederate  States,  against  expos 
ure  to  the  weather.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  6,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering  copies  of  several  additional  re 
ports  of  military  operations.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  7,  1864. 

To  the  Senate   and   House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  "of  funds  re 
quired  to  meet  our  treaty  obligations  to  the  Indian  Nations,  for  the 
period  ending  June  3Oth,  1865."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  /,  1864. 
To  the  Senate  and  House  of  Representatives.* 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  [an  estimate  of  funds] 
needed  to  meet  [a  deficiency  in  the  appropriation  to  pay  the  officers 
and]  employ [ees  of  the  Department.]  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Dec.  12,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  showing  the  additional 
amount  necessary  to  be  appropriated  to  meet  the  estimated  ex- 

*This  message  was  found  badly  mutilated,  the  words  in  brackets  being 
supplied  by  the  compiler. 


504  Messages  and  Papers  of  the  Confederacy. 

penses  of  the  Department  of  Justice,  for  the  half  year  ending  June 
30,  1865.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  12,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I9th  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  which  conveys 
the  information  requested,  so  far  as  the  records  of  his  Department 
enable  him  to  furnish  it,  and  states  the  reasons  which  make  it  im 
practicable  for  him  to  reply  more  definitely  as  to  the  amount  of 
money  expended  in  payment  of  the  Army  of  the  Trans-Missis 
sippi  since  the  assignment  of  Gen.  E.  K.  Smith  to  the  command 
of  the  Department.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  relative  to  the  increase  of  the  amount 
to  be  appropriated  for  a  purpose  for  which  he  has  already  sub 
mitted  an  estimate.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  15,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  relative  to  certain  transfers 
of  appropriations  required  in  connection  with  the  service  of  his 
Department.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Dec.  15,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  23d  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  which  conveys 
the  information  requested  relative  to  the  sale  of  cloth  and  cloth 
ing  to  officers  of  the  armies  in  the  field,  under  the  act  of  February 
17,  1864.  JEFFERSON  DAVIS. 


Second  Congress.  505 


RICHMOND,  VIRGINIA,  December  15th,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  State,  covering  further  copies  of  his  correspond 
ence  with  our  commissioners  abroad,  referred  to  in  my  message 
of  the  7th  inst.  JEFFERSON  DAVIS. 

RICHMOND,  December  19,  1864. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  10th  ult.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary 
of  War,  relative  to  contracts  for  supplies  to  be  paid  for  in  cotton 
in  the  Trans-Mississippi  Department.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  19,  1864. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  a  communication  from  the  Secretary  of  the 
Treasury,  relative  to  a  further  foreign  loan,  and  recommend  his 
proposition  to  your  favorable  consideration  in  secret  session. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  19,  1864. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  25th  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  which  conveys 
the  information  desired  relative  to  trials  and  convictions  under 
the  act  to  punish  drunkenness  in  the  Army.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  December  20,  1864. 
To  the  House  of  Representatives. 

I  herewith  transmit  the  reports  made  by  the  Heads  of  the  Treas 
ury  and  War  Departments,  in  response  to  your  resolution  of  the 
6th  instant,  making  various  inquiries  relative  to  the  subject  em 
braced  in  the  act  of  February  6,  1864,  entitled  "A  bill  to  impose 
regulations  upon  the  foreign  commerce  of  the  Confederate  States 
to  provide  for  the  public  defense." 


506  Messages  and  Papers  of  the  Confederacy. 

The  importance  of  this  subject  induces  me  to  present,  at  some 
length,  my  views  upon  the  policy  of  the  law,  and  upon  its  effects 
as  developed  by  experience. 

The  first  section  of  the  law  (which  was  passed  at  the  fourth  ses 
sion  of  the  First  Congress  and  was  the  expression  of  its  matured 
judgment)  prohibits  the  exportation  of  the  principal  products  of 
the  Confederate  States,  except  under  uniform  regulations,  and  the 
reason  for  this  prohibition  is  expressed  in  the  preamble  to  be  this : 
"That  the  condition  of  the  contest  demands  that  the  Confederate 
States  should  call  into  requisition  whatever  resources  of  men  and 
money  they  have  for  the  support  of  their  cause." 

The  fifth  section  of  the  law  indicates  that  the  purpose  of  Con 
gress  in  granting  power  to  allow  or  refuse  permission  to  export 
the  products  of  our  country  was  to  enforce  a  return,  in  whole  or 
in  part,  of  the  value  of  the  produce  exported  "in  military  or  other 
supplies  for  the  public  service." 

But  a  full  understanding  of  the  policy  of  your  predecessors  can 
be  attained  only  by  taking  into  consideration  another  act  passed 
on  the  same  day,  and  entitled  "An  Act  to  prohibit  the  importation 
of  luxuries  or  of  articles  not  necessary  or  of  common  use."  This 
last-mentioned  act  actually  prohibited  during  the  pending  war  the 
importation  of  any  articles  not  necessary  for  the  defense  and  sub 
sistence  of  the  country ;  and  among  those  excluded  from  importa 
tion  were  wines,  spirits,  jewelry,  cigars,  and  all  the  finer  fabrics  of 
cotton,  flax,  wool,  or  silk,  as  well  as  all  other  merchandise  serving 
only  for  the  indulgence  of  luxurious  habits. 

In  a  word,  the  two  acts  were  an  exercise  of  the  power  to  regu 
late  commerce  so  as  to  make  it  subservient  to  the  success  of  our 
struggle,  by  prohibiting  the  importation  or  exportation  of  mer 
chandise  or  produce  for  any  other  purpose  than  national  defense 
and  necessary  subsistence,  until  these  vital  objects  should  be 
placed  beyond  the  reach  of  danger.  The  two  laws  form  one  com 
mon  system,  and  they  should  be  so  regarded  in  considering  the 
propriety  of  the  repeal  or  modification  of  either. 

When  signing  my  approval  of  these  acts  I  considered  them  as 
measures  eminently  wise  and  proper,  and  as  well  adapted  to  rem 
edy  existing  evils.  Complaints  were  rife  throughout  our  country 
that  its  foreign  commerce  was  .almost  exclusively  in  the  hands  of 
aliens;  that  our  cotton,  tobacco,  and  naval  stores  were  being 


Second  Congress. 

-drained  from  the  States,  and  that  we  were  receiving  in  return 
-cargoes  of  liquors,  wines,  and  articles  of  luxury;  that  the  im 
ported  goods,  being  held  in  few  hands  and  in  limited  quantities, 
were  sold  at  prices  so  exorbitant  that  the  blockade  runners,  after 
purchasing  fresh  cargoes  of  cotton,  still  retained  large  sums  of 
Confederate  money,  which  they  invested  in  gold  for  exportation 
and  in  foreign  exchange,  and  that  the  whole  course  of  the  trade 
had  a  direct  tendency  to  impoverish  our  country,  demoralize  our 
people,  depreciate  our  currency,  and  enfeeble  our  defense.  Con 
gress  believed  these  complaints  well-founded,  and  in  that  belief  I 
fully  concurred.  None  doubted  that  a  remedy  was  desirable,  and 
your  present  inquiries  seek  information  in  relation  to  the  efficiency 
of  the  remedy  provided  by  the  legislation  then  devised,  as  devel 
oped  by  actual  experience. 

My  conviction  is  decided  that  the  effect  of  the  legislation  has 
been  salutary,  that  the  evils  existing  prior  to  its  adoption  have 
been  materially  diminished,  and  that  the  repeal  of  the  legislation  or 
any  modification  impairing  its  efficiency  would  be  calamitous. 
This  opinion  is  shared  by  every  Executive  Department  that  has 
been  intrusted  with  the  execution  of  these  laws  and  regulations, 
and  thus  enabled  to  form  a  judgment  based  on  observation  and 
experience. 

The  propriety  and  justice  of  a  claim  on  the  part  of  the  Govern 
ment  that  a  share  of  all  the  vessels  engaged  in  the  blockade  trade 
should  be  held  subject  to  its  use  for  the  benefit  of  the  whole  peo 
ple  was  so  obvious  that  even  before  the  legislation  of  Congress 
few  owners  refused  to  place  at  its  disposal  one-third  of  the  ton 
nage,  both  outward  and  inward,  for  the  importation  of  supplies 
and  the  exportation  of  the  produce  necessary  to  pay  for  them.  On 
the  passage  of  the  laws  it  was  deemed  proper  to  increase  the  de 
mand  of  the  Government  to  one-half.  This  decision  was  based 
not  only  on  the  consideration  that  the  Government  was  burdened 
with  the  entire  expense  of  defending  the  ports  of  entry,  but  on  the 
further  reason  that  the  enormous  gains  of  the  commerce  were 
monopolized  by  foreigners,  free  to  engage  in  commerce  at  their 
pleasure  while  our  citizens  were  engrossed  in  the  sacred  duty  of 
defending  their  homes  and  liberties,  and  therefore  unable  to  com 
pete  for  the  trade.  It  was  foreseen  that  this  increase  would  be 


508  Messages  and  Papers  of  the  Confederacy. 

resisted,  and  in  a  message*  on  the  subject,  addressed  by  me  to  the 
House  of  Representatives  on  the  loth  of  June  last,  it  was  stated 
that— 

For  some  weeks  after  the  adoption  of  these  regulations  strenuous  ef 
forts  were  made  by  parties  interested  in  the  business  to  induce  a  relaxation 
of  the  regulations.  Many  of  the  vessels  remained  unemployed  on  the  alle 
gation  of  the  owners  that  the  terms  imposed  by  the  regulations  were  so 
onerous  as  to  render  impossible  the  continuance  of  the  business.  The 
regulations  remained  unchanged,  for  I  was  satisfied  from  an  examination 
of  the  subject  that  this  complaint  was  unfounded  and  that  the  withdrawal 
of  the  vessels  was  an  experiment,  by  a  combination  among  their  owners, 
on  the  firmness  of  the  Government.  The  result  proved  the  correctness 
of  this  view,  for  after  various  attempts  to  obtain  increased  advantages 
the  vessels  resumed  their  voyages.  Their  number  has  been  largely  in 
creased.  The  ability  to  export  produce  and  import  supplies  on  Govern 
ment  account  has  been  developed  to  a  greater  extent  than  had  been  antici 
pated,  and  the  credit  of  the  Government  has  been  so  improved  in  foreign 
markets  that  the  quotations  for  its  loan  have  rapidly  advanced. 

In  the  same  message  it  was  also  stated  that — 

Among  the  efforts  made  to  induce  a  change  of  the  regulations  was  a 
warning  given  to  officers  of  the  Government  that  the  owners  of  vessels 
could  make  better  bargains  with  the  Governors  of  States  than  with  the 
Confederate  Government,  and  that  if  the  regulations  were  not  relaxed  in 
their  favor  they  would  transfer  their  vessels  to  the  Executives  of  the 
several  States,  and  thus  withdraw  them  from  the  operation  of  the  regu 
lations. 

Reverting  now  to  the  precise  inquiries  contained  in  your  resolu 
tion,  I  answer: 

First.  That  no  restriction  whatever  has  been  placed  on  the. ex 
ercise  of  the  right  of  any  Confederate  State  to  export  on  its  own 
account  any  of  the  articles  enumerated  in  the  act  entitled  "An  Act 
to  impose  regulations,"  &c.,  approved  6th  of  February,  1864. 

Each  State  not  only  exports  whatever  it  pleases,  but  the  obliga 
tion  imposed  on  private  individuals  to  bring  back  into  the  coun 
try  necessary  supplies  equal  in  value  to  one-half  of  the  produce 
exported  is  not  extended  to  the  States.  They  are  in  these  respects 
on  a  footing  of  absolute  equality  with  the  Confederate  Govern 
ment. 

I  am  aware  that  complaints  have  been  made  of  the  effect  of 

*Page  466. 


Second  Congress.  5°9 

these  regulations  by  the  Governors  of  some  of  the  States,  but  their 
objections  are,  in  my  judgment,  without  foundation. 

It  is  not  denied  by  any  of  them  that  when  a  State  purchases  a 
vessel  it  is  left  under  the  exclusive  control  of  the  State  authorities, 
and  that  the  Confederate  Government  claims  no  share  of  the  out 
ward  or  inward  tonnage.  It  is  also  admitted  that  when  the  States 
purchase  or  charter  any  part  of  a  vessel,  not  exceeding  one-half, 
the  Confederate  States  Government  does  not  interfere  with  their 
enjoyment  of  the  portion  so  purchased  or  chartered,  and  confines 
itself  to  exacting  from  the  private  owner  the  use  of  that  half  not 
conveyed  to  the  State ;  but  the  complaint  is  that  the  Confederate 
Government  will  not  further  consent  to  yield,  for  the  benefit  of  a 
single  State,  an}'  part  of  that-  moiety  of  the  tonnage  of  each  vessel 
which  it  has  secured  under  the  regulations  for  the  common  use 
and  benefit  of  all  the  States  of  which  it  is  agent. 

By  the  regulations,  as  now  existing,  half  the  tonnage  of  all  the 
vessels  engaged  in  the  trade  has  been  conveyed  to  the  use  of  the 
Confederacy.  Why  should  a  single  State  be  allowed  to  take  for 
its  separate  use  from  the  Confederacy  any  part  of  this  half?  Is 
it  not  enough  that  the  remaining  half  is  left  open  for  purchase  or 
charter  by  the  State  ? 

It  is  plain  that  a  State  and  the  owner  of  a  vessel  can  have  no 
motive  for  contracting  in  such  manner  as  to  diminish  the  tonnage 
claimed  by  the  Confederacy,  unless  for  a  profit  that  is  to  be  shared 
by  both.  Any  concession,  therefore,  made  on  this  point  is  in  ef 
fect  the  loss  of  an  interest  which  is  the  common  property  of  all 
the  States  for  the  joint  gain  of  a  single  State  and  of  a  private 
capitalist. 

Again,  the  Army  in  the  field  is  the  Army  of  the  Confederacy, 
which  is  charged  with  the  duty  of  supplying  it  with  clothing,  sub 
sistence,  and  munitions  of  war.  The  performance  of  this  duty 
demands  the  most  strenuous  exertions  and  the  command  of  all  the 
resources  that  can  be  reached.  Any  diminution  of  our  command 
of  those  resources  by  a  modification  of  the  existing  legislation 
might  lead  to  disastrous  consequences.  Under  our  present  ar 
rangements  we  are  barely  able  to  supply  to  our  brave  defenders 
a  moderate  share  of  those  comforts  which  are  indispensable 
to  their  efficiency.  As  long  as  privations  are  endured  by  all  alike, 
there  is  a  noble  and  patriotic  emulation  in  the  display  of  cheerful 


510  Messages  and  Pagers  of  the  Confederacy. 

fortitude  in  enduring  them.  But  if  the  common  supply  now  dis 
tributed  among  all  is  diminished  for  the  purpose  of  enabling  any 
one  State  to  add  to  the  supplies  furnished  her  own  troops,  the 
effect  will  be  pernicious  to  an  extent  that  can  scarcely  be  appre 
ciated  in  advance.  I  leave  it  to  others  to  imagine  the  state  of 
feeling  which  would  ensue  if  the  soldiers  of  the  seaboard  States 
were  to  be  found  amply  supplied  with  all  necessaries  and  com- 
forj^  standing  side  by  side  with  the  troops  of  interior  States,  who 
would  be  deprived  of  a  part  of  what  they  now  receive  in  conse 
quence  of  a  diminution  of  our  present  means  of  providing  for  all 
alike.  If  to  this  it  should  be  answered  that  the  interior  States 
could  enjoy  the  same  advantages  as  the  seaboard  States  by  send 
ing  agents  to  the  ports  to  represent  them,  thus  placing  all  on  an 
equal  footing,  the  reply  is  obvious.  The  result  would  then  be  to 
bring  all  the  States  back  to  the  same  condition  in  which  they  now 
are — that  is  to  say,  each  possessing  its  fair  share  of  the  advantages 
derived  from  the  tonnage  used  by  the  Confederate  Government. 

It  appears  to  me  that  any  change  in  the  present  regulations  so  as 
to  affect  the  rights  of  the  Confederate  Government  must  neces 
sarily  be  either  useless  or  mischievous — useless,  if  no  advantage 
is  to  be  gained  by  any  one  State  over  the  others ;  mischievous  in 
the  extreme,  if  such  an  advantage  is  to  be  the  effect  of  the  change. 

It  has  been  suggested  that  there  are  many  articles  required  by 
the  people  of  the  different  States  which  can  be  obtained  only 
through  the  aid  of  their  governments,  and  that  the  efforts  of  the 
Confederate  Government  are  confined  exclusively  to  the  supply 
of  the  needs  of  the  Army.  This  is  true ;  but  one-half  of  all  the 
tonnage  of  private  owners  remains  open  to  employment  by  the 
States  for  the  purpose  suggested,  though,  perhaps,  at  somewhat 
greater  cost  than  would  be  charged  if  they  were  permitted  to  use 
the  portion  reserved  for  the  Confederacy.  But  I  repeat  that  there 
is  no  justice  apparent  in  the  demand  that  all  the  States  should 
sacrifice  a  common  right  for  the  profit  of  a  single  State,  nor  in 
diminishing  the  necessary  comforts  of  the  soldier  for  the  benefit 
of  those  who  remain  at  home.  It  is  also  competent  for  each  State 
to  purchase  vessels  for  its  own  use  or  to  purchase  shares  in  com 
mon  with  one  or  more  other  States  for  the  introduction  of  sup 
plies  necessary  for  the  people  without  encroaching  on  the  means 
used  by  the  Confederacy  for  supplying  the  Army. 


Second  Congress.  511 

Second.  Upon  the  second  question,  whether  the  regulations 
have  caused  any  diminution  in  the  number  of  vessels  engaged  in 
foreign  commerce,  the  report  of  the  Secretary  of  the  Treasury 
gives  such  information  as  satisfactorily  establishes  the  reverse  to 
be  the  case. 

In  addition  to  the  statements  made  by  him,  derived  from  official 
returns,  the  Secretary  of  War  reports  that  many  new  steamers  are 
understood  to  be  on  the  way  to  engage  in  the  trade,  notwithstand 
ing  the  impression  which  prevails  that  the  stringency  of  the  block 
ade  is  constantly  increasing. 

The  number  of  vessels  which  arrived  at  two  ports  of  the  Confed 
eracy  between  the  ist  of  November  and  6th  of  December  was 
forty-three,  averaging  more  than  one  per  day,  and  indicating  no 
check  in  the  trade.  A  further  and  conclusive  proof  that  the  prof 
its  of  this  commerce  under  present  regulations  are  sufficiently 
tempting  to  secure  its  increase,  is  afforded  by  the  fact  that  the 
shares  of  the  companies  engaged  in  it  have  greatly  advanced  in 
value.  The  shares  of  one  company,  originally  of  $1,000  each, 
were  selling  in  July  last  for  $20,000  each,  and  now7  command  $30,- 
ooo.  Those  of  another  company  have  increased  in  the  same  pe 
riod  from  $2,500  to  $6,000 ;  and  all  exhibit  a  large  advance. 

Third.  Your  third  inquiry  seeks  information  whether  the  legis 
lation  and  regulations  have  been  beneficial  or  otherwise  in  their 
effect  on  the  success  of  our  arms  and  the  supply  of  means  neces 
sary  to  the  public  defense. 

My  opinion  has  already  been  indicated  on  this  point,  and  the 
reports  of  the  Secretaries  are  decided  in  the  expression  of  their 
own  convictions  of  the  wisdom  of  the  laws,  and  the  beneficial  ef 
fects  produced  by  them,  in  connection  with  the  regulations  estab 
lished  for  giving  them  effect. 

These  la\vs  and  regulations  have  enabled  the  Government  not 
only  to  provide  supplies  to  a  much  greater  extent  than  formerly, 
and  to  furnish  the  means  for  meeting  the  installments  on  its  for 
eign  loan,  but  to  put  an  end  to  a  wasteful  and  ruinous  contract  sys 
tem,  by  which  supplies  were  obtained  before  Congress  determined 
to  exercise  control  over  the  imports  and  exports. 

Instead  of  being  compelled  to  give  contractors  a  large  profit  on 
the  cost  of  their  supplies,  and  to  make  payment  in  cotton  in  our 
ports  at  6  pence  per  pound,  we  now  purchase  supplies  abroad  by 


512  Messages  and  Papers  of  the  Confederacy. 

our  agents  at  cost  in  the  foreign  market,  and  pay  there  in  cotton, 
which  sells  at  a  net  price  of  24  pence  per  pound.  When  all  the 
elements  of  calculation  are  taken  into  consideration,  it  is  by  no 
means  an  exaggeration  to  say  that  100  bales  of  cotton  exported  by 
the  Government  will  purchase  abroad  the  same  amount  and  value 
of  supplies  that  600  bales  would  purchase  delivered  to  contractors 
in  the  Confederacy.  A  reference  to  the  report  of  the  Secretary  of 
the  Treasury  shows  that  of  1 1,796  bales  of  cotton  shipped  since  ist 
of  July  last,  but  1,272  were  lost ;  not  quite  1 1  per  cent.  If  this  be 
taken  as  a  fair  average,  and  it  is  believed  to  be  so,  out  of  600  bales 
of  cotton  exported,  534  would  arrive  abroad  and  yield,  at  £40  per 
bale,  £21,360,  while  the  same  600  bales  delivered  on  payment  at  a 
home  port,  at  6  pence  per  pound,  would  yield  less  than  £6,000. 

There  are  other  advantages  derived  from  buying  abroad,  rather 
than  contracting  with  blockade  runners,  of  no  small  magnitude, 
but  the  foregoing  statement  will  show  the  enormous  profits  that 
were  made  by  them  when  the  Government  was  forced  to  contract 
instead  of  purchasing  for  itself,  and  will  suggest  a  motive  for  the 
strenuous  efforts  they  have  not  ceased  to  make  to  get  rid  of  the 
regulations  and  procure  a  change  in  the  policy  of  the  Government. 
It  is  to  the  law  and  regulations  that  the  Government  owes  its 
ability  to  command  freight  room,  and  then  buy  and  sell  for  itself 
instead  of  being  forced  to  make  contracts  so  extravagant  as  those 
above  described.  It  requires  little  sagacity  to  perceive  that  with 
temptation  so  great  the  owners  of  vessels  would  spare  no  pains 
to  obtain  contracts  from  the  several  States,  if  allowed  to  do  so  by 
law,  with  the  view  of  again  withdrawing  from  our  use  as  far  as 
possible  the  tonnage  of  their  vessels,  and  thus  compelling  a  return 
to  the  ruinous  contract  system. 

The  reports  of  the  Secretaries  will  fully  inform  you  of  the  quan 
tity  and  nature  of  the  supplies  obtained  by  the  Government  under 
the  present  system,  and  their  importance  to  the  national  defense 
will  be  perceived  at  a  glance. 

Fourth.  To  the  fourth  inquiry,  whether  experience  has  sug 
gested  the  necessity  of  the  repeal  of  said  act,  or  any  modification 
or  amendment  of  its  provisions,  the  foregoing  remarks  would 
seem  to  furnish  a  sufficient  answer.  But  I  conclude,  by  renewing 
the  expression  of  my  conviction  that  the  result  of  any  legislation 
checking  or  diminishing  the  control  now  exercised  by  the  Govern- 


Second  Congress.  5*3 

nient  over  our  foreign  commerc'e  would  be  injurious  to  the  public 
interest  and  would  insure  the  renewal  in  aggravated  form  of  the 
evils  which  it  was  the  purpose  of  your  predecessors  to  remedy  by 
the  laws  now  in  force.  JEFFERSON  DAVIS. 

[A  similar  message  was  communicated  to  the  Senate  under  date 
of  December  17,  1864,  in  response  to  its  resolution  of  December 
5-  1864.] 

To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

When  the  act  to  regulate  the  pay  and  mileage  of  members  and 
the  compensation  of  officers  of  the  Senate  and  House  of  Repre 
sentatives  was  transmitted  to  me  I  found,  upon  examination  of  its 
provisions,  some  features  inconsistent  with  the  law  for  the  organ 
ization  of  the  Treasury  Department,  and  the  general  policy  of  pro 
tecting  the  Treasury  by  checks  and  balances,  so  as  to  restrain  offi 
cials  by  the  records  of  the  Department  itself. 

I  did  not,  however,  feel  constrained  to  return  the  bill  with  ob 
jections,  believing  that  every  desirable  end  could  be  obtained  by 
bringing  the  matter  to  your  attention  and  recommending  amend 
atory  legislation.  It  was  therefore  signed  on  the  24th  instant. 

I  invite  you  to  a  special  examination  of  the  clause  by  which  the 
depositaries  of  the  Treasury  are  directed  to  honor  and  pay  drafts 
on  the  Treasury  by  members  of  Congress. 

For  a  fuller  exposition  of  the  departure  which  that  provision 
makes  from  the  wise  rules  and  regulations  established  by  law  for 
the  protection  of  the  Treasury,  I  refer  you  to  the  annexed  letter 
of  the  Secretary  of  the  Treasury.  JEFFERSON  DAVIS. 

Richmond,  Virginia,  December  28,  1864. 

RICHMOND,  YA.,  Jan.  4,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  an  additional 
appropriation*  required  by  the  Engineer  Bureau. 

JEFFERSON  DAVIS. 

*For  the  schooner  "Isabel,"  seized  by  military  authority  and  sunk  as 
an  obstruction  in  Dog  River  bar  channel,  Mobile  Bay,  May  5,  1862. 
33 


514  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  Jan.  4,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  November  I4th,  1864,  I  here 
with  transmit  for  your  information  a  communication  from  the 
Secretary  of  War,  covering  a  copy  of  the  official  report  of  General 
J.  E.  Johnston,  relative  to  operations  of  the  Army  of  Tennessee. 

I  invite  your  attention  to  the  Secretary's  remarks  in  reference 
to  the  delay  which  has  occurred  in  responding  to  your  resolution, 
and  concur  with  him  in  suggesting  that  it  is  not  advisable  to  pub 
lish  this  communication  at  present,  or  at  a  future  time,  without  the 
correspondence  which  was  contemporaneous,  and  which  explains 
the  events.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  4,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  23d  ult.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
the  Navy,  relative  to  "a  flour  and  grist  mill  and  bakery,"  estab 
lished  by  the  Department,  at  Albany,  Georgia. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  5,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2d  ultimo,  relative  to  the 
impressment  of  slaves,  I  herewith  transmit  a  communication  from 
the  Secretary  of  War,  which  conveys  all  the  information  I  have 
on  the  subject.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  5,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  November  last,  I 
herewith  transmit  communications,  which  furnish  the  information 
desired  relative  to  the  "commissioned  officers  attached  to  and  em 
ployed  in  the  different  Departments  and  Bureaus  in  the  city  of 
Richmond."  JEFFERSON  DAVIS. 


Second  Congress.  515 

RICHMOND,  VA.,  Jan.  5,  1865. 
To  the   House  o{  Representatives. 

In  response  to  your  resolution  of  the  3<Dth  ult.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  the  Navy,  which  con 
veys  the  information  that  "no  coals  were  taken  from  the  steamer 
'Advance;  in  October  last,  or  at  any  other  time,  for  the  naval 
service."  JEFFERSON  DAVIS. 

RICHMOND,  Jan.  5,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  estimates  of  addi 
tional  appropriations  required  for  the  service  of  the  Agency  of 
the  Department  west  of  the  Mississippi  River. 

JEFFERSON  DAVIS. 


RICHMOND,  Jan.  6,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  an  additional 
appropriation  required  by  the  Bureau  of  Engineers. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  6,  1865. 
To  the   House  of  Representatives. 

In  response  to  your  resolution  of  the  njth  November  last,  I 
herewith  transmit  a  communication  from  the  Secretary  of  War, 
which  conveys  the  information  desired,  relative  to  the  impress 
ment  of  brandy,  so  far  as  the  records  of  his  office  enable  him  to 
furnish  it.  JEFFERSON  DAVIS. 

RICHMOND.  VA.,  Jan.  6,  1865. 
Tc  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  24th  nit.,  relative  to  un 
paid  requisitions  upon  the  Treasury,  drawn  by  the  Quartermas 
ter  General  and  the  Commissary  General,  I  herewith  transmit  a 


516  Messages  and  Papers  of  the  Confederacy. 

communication  from  the  Secretary  of  the  Treasury,  which  conveys 
the  information  desired.  JEFFERSON  DAVIS. 


EXECUTIVE  DEPARTMENT,  January  13,  1865. 
To  the  House  of  Representatives,  C.  S.  A. 

I  have  just  received  the  accompanying  report  from  the  Secre 
tary  of  War  stating  that  Henry  S.  Foote,  a  member  of  the  House 
of  Representatives  from  the  State  of  Tennessee,  has  been. arrested 
by  a  military  officer  in  northern  Virginia  while  endeavoring  to 
pass  our  lines  on  his  way  to  the  enemy's  country.  As  this  arrest 
may  involve  a  question  of  privilege,  I  submit  the  matter  to  you, 
in  order  that  such  disposal  of  the  case  may  be  made  as  to  you  shall 
seem  proper.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  January  14,  1865. 
To  the  House  t>f  Representatives. 

In  response  to  your  resolution  of  the  8th  of  November,  1864,  I 
herewith  transmit  for  your  information  a  communication  from 
Hon.  Howell  Cobb,  who  was  President  of  the  Provisional  Con 
gress,  relative  to  the  preparation  of  copies  of  the  journals  of  that 
body,  and  of  the  proceedings  of  the  Convention  which  framed  the 
Provisional  and  Permanent  Constitutions  of  the  Confederate 
States.  And  I  invite  your  attention  to  the  suggestions  he  makes 
in  reference  to  funds  to  be  expended  in  the  further  prosecution 
of  the  work.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  14,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  24  ultimo,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  relative  to  the  passports  which  have  been  issued  to  certain 
youths  to  leave  the  Confederate  States.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Jan.  20,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  3Oth  ult.,  I  herewith  trans 
mit  communications  from  the  Secretaries  of  the  Treasury  and  of 


Second  Congress.  517 

War,  and  from  the  Postmaster  General,  which  convey  the  in 
formation  called  for  in  relation  to  the  means  employed  to  com 
municate  with  the  Trans-Mississippi  Department. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Jan.  20,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  an  estimate  for  an 
additional  appropriation  required  for  the  public  service. 

JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE,  RICHMOND,  VA.,  January  24,  1865. 
Gentlemen  of  the  "Joint  Committee  on  the  State  of  the  Country.'' 

I  have  the  honor  to  acknowledge  the  receipt  of  resolutions 
adopted  by  the  General  Assembly  of  Virginia  in  relation  to  certain 
restrictions  said  to  have  been  placed  on  the  transportation  of  sup 
plies  of  food  to  the  cities  of  Richmond  and  Petersburg. 

Upon  investigation  I  find  that  no  orders  have  emanated  from 
the  War  Department  or  the  provost  marshal  of  Richmond  of  the 
character  supposed  in  the  resolution.  I,  however,  learn  that 
there  may  be  an  order  of  the  character  spoken  of  emanating  from 
the  lieutenant  general  commanding  the  Confederate  forces  on  the 
north  side  of  the  James  River,  which,  if  so,  will  be  ascertained  at 
once,  he  having  been  furnished  with  a  copy  of  the  resolution  and 
called  upon  for  information  touching  the  same. 

I  am,  gentlemen,  very  respectfully,  your  most  obedient  servant, 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  January  24,  1865. 
To  the  House  of  Representatives. 

In  response  to  a  resolution  adopted  by  you  on  the  3ist  ult.,  I 
herewith  transmit  a  communication  from  the  Secretary  of  War, 
covering  copies  of  his  letters  to  Genl.  E.  Kirby.  Smith,  relative  to 
the  general  administration  of  the  Trans-Mississippi  Department. 

JEFFERSON  DAVIS. 


518  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  February  3,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  ultimo,  I  herewith 
transmit  a  communication  from  the  Secretary  of  the  Navy,  cover 
ing  copies  of  his  correspondence  with  the  Governor  of  North  Car 
olina  relative  to  "coals  of  the  steamer  'Advance.' ' 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  3,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  I9th  ultimo,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  which  con 
veys  the  information  desired,  relative  to  "the  number  of  persons  in 
each  State  exempted  from  military  service  by  reason  of  being 
claimed  as  State  officers/'  and  to  "the  number  of  exemptions  and 
details  for  express,  telegraphic,  and  railroad  companies,  etc.,"  and 
explains  the  causes  of  delay  in  replying  to  previous  resolutions  on 
those  subjects.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  3,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  concerning  an  estimate  for 
an  additional  appropriation  required  by  the  Navy  Department. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  3,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  an  estimate  for  an 
additional  appropriation  required  to  meet  the  expenses  of  the 
Department  of  Justice  during  the  six  months  ending  June  30,  1865. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  4th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I2th  ult,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  furnishing,  as 


Second  Congress.  519 

far  as  the  records  of  his  Department  will  enable  him  to  do  so,  the 
information  requested  relative  to  the  organization  of  the  "Corps 
of  Scouts"  authorized  to  be  created  by  the  act  of  the  last  Con 
gress  to  facilitate  communication  with  the  Trans-Mississippi  De 
partment.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  February  4,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  November  28,  1864,  I  here 
with  transmit  a  communication  from  the  Secretary  of  War,  rela 
tive  to  the  removal  of  the  sick  and  wounded  officers  of  the  Army 
from  the  almshouse  in  this  city,  which  was  used  as  a  hospital, 
and  to  the  accommodations  which  have  been  provided  for  the  pa 
tients  elsewhere.  JEFFERSON  DAVIS. 

EXECUTIVE  OFFICE,  RICHMOND,  February  6,  1865. 

To  the  Senate  and  House  of  Representatives  of  the  Confederate  States  of 
America. 

1  laving  recently  received  a  written  notification,  which  satisfied 
me-  that  the  President  of  the  United  States  was  disposed  to  con 
fer  informally  with  unofficial  agents  which  might  be  sent  by  me 
with  a  view  to  the  restoration  of  peace,  I  requested  the  Hon.  Alex 
ander  H.  Stephens,  the  Hon.  R.  M.  T.  Hunter,  and  the  Hon.  John 
A.  Campbell  to  proceed  through  our  lines,  and  to  hold  conference 
with  Mr.  Lincoln,  or  with  any  one  he  might  depute  to  represent 
him. 

1  herewith  transmit  for  the  information  of  Congress  the  report 
of  the  eminent  citizens  above  named,  showing  that  the  enemy  re 
fused  to  enter  into  negotiations  with  the  Confederate  States,  or 
with  any  one  of  them  separately,  or  to  give  to  our  people  any  other 
terms  or  guaranties  than  those  which  the  conqueror  may  grant, 
or  to  permit  us  to  have  peace  on  any  other  basis  than  our  uncon 
ditional  submission  to  their  rule,  coupled  with  the  acceptance  of 
their  recent  legislation  on  the  subject  of  the  relations  between  the 
white  and  black  populations  of  each  State.  Such  is,  as  I  under 
stand  it,  the  effect  of  the  amendment  to  the  Constitution  which 
has  been  adopted  by  the  Congress  of  the  United  States. 

JEFFERSON  DAVIS. 


520  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VAV  February  5,  1865. 

To  the  President  of  the  Confederate  States. 

Sir:  Under  your  letter  of  appointment  of  the  28th  ult.,  we  proceeded 
to  seek  an  "informal  conference"  with  Abraham  Lincoln,  President  of 
the  United  States,  upon  the  subject  mentioned  in  the  letter.  The  con 
ference  was  granted,  and  took  place  on  the  3Oth  inst,  on  board  of  a 
steamer  in  Hampton  Roads,  where  we  met  President  Lincoln  and  the 
Hon.  Mr.  Seward,  Secretary  of  State  of  the  United  States.  It  contin 
ued  for  several  hours,  and  was  both  full  and  explicit. 

We  learned  from  them  that  the  message  of  President  Lincoln  to  the 
Congress  of  the  United  States,  in  December  last,  explains  clearly  and  dis 
tinctly  his  sentiments  as  to  the  terms,  conditions,  and  methods  of  pro 
ceeding,  by  which  peace  can  be  secured  to  the  people,  and  we  were  not 
informed  that  they  would  be  modified  or  altered  to  obtain  that  end.  We 
understood  from  him  that  no  terms  or  proposals  of  any  treaty,  or  agree 
ment,  looking  to  an  ultimate  settlement,  would  be  entertained  or  made 
by  him  with  the  Confederate  States,  because  that  would  be  a  recognition 
of  their  existence  as  a  separate  power,  which,  under  no  circumstances, 
would  be  done;  and  for  like  reasons  that  no  such  terms  would  be  en 
tertained  by  him  from  the  States  separately;  that  no  extended  truce  or 
armistice  (as  at  present  advised)  would  be  granted,  without  a  satisfac 
tory  assurance  in  advance  of  a  complete  restoration  of  the  authority  of 
the  United  States  over  all  places  within  the  States  of  the  Confederacy. 

That  whatever  consequence  may  follow  from  the  reestablishment  of 
that  authority  must  be  accepted;  but  that  individuals  subject  to  pains 
and  penalties  under  the  laws  of  the  United  States  might  rely  upon  a  very- 
liberal  use  of  the  power  confided  to  'him  to  remit  those  pains  and  penal 
ties  if  peace  be  restored. 

During  the  conference,  the  proposed  amendment  to  the  Constitution 
of  the  United  States,  adopted  by  Congress  on  the  31  st  ult.,  was  brought 
to  our  notice.  This  amendment  declares  that  neither  slavery  nor  invol- 
ultary  servitude,  except  for  crimes,  should  exist  within  the  United  States, 
or  any  place  within  their  jurisdiction,  and  that  Congress  should  have 
power  to  enforce  this  amendment  by  appropriate  legislation.  Of  all  the 
correspondence  that  preceded  the  conference  herein  mentioned,  and 
leading  to  the  same,  you  have  heretofore  been  informed. 

Very  respectfully,  your  obedient  servants, 

H.    STEPHENS, 
ROBERT  M.  T.  HUNTER, 
A.   CAMPBELL. 


\ 


Second  Congress.  521 

MESSAGE  OF  PRESIDENT  LINCOLN  ON  THE  HAMPTON  ROADS 
CONFERENCE,  INCLUDING  CORRESPONDENCE. 

EXECUTIVE  MANSION,  Feb.  10,  1865. 

To  the  Honorable  House  of  Representatives. 

In  response  to  your  resolution  of  the  8th  inst.,  requesting  information 
in  relation  to  a  conference  held  in  Hampton  Roads,  I  have  the  honor  to 
state  that  on  the  date  I  gave  Francis  P.  Blair,  Senior,  a  card  written  as 
follows,  to  wit : 

December  28,   1864. 

Allow  the  bearer,  F.  P.  Blair,  Sr.,  to  pass  our  lines,  go  South,  and  re 
turn.  A.  LINCOLN. 

That  at  the  time  I  was  informed  that  Mr.  Blair  sought  the  card  as  a 
means  of  getting  to  Richmond,  Va.,  but  he  was  given  no  authority  to  speak 
or  act  for  the  Government.  Nor  was  I  informed  of  anything  he  would  say 
or  do  on  his  own  account  or  otherwise. 

Mr.  Blair  told  me  that  he  had  been  to  Richmond  and  had  seen  Mr. 
Jefferson  Davis,  and  he  (Mr.  Blair)  at  the  same  time  left  with  me  a 
manuscript  letter  as  follows,  to  wit : 

RICHMOND,    VA.,   January    12,    1865. 

F.  P.  Blair,  Esq. 

Sir:  I  have  deemed  it  proper  and  probably  desirable  to  you  to  give 
you  in  this  form  the  substance  of  the  remarks  made  by  me  to  be  repeated 
by  you  to  President  Lincoln,  etc.  I  have  no  disposition  to  rind  obstacles 
in  forms,  and  am  willing  now,  as  heretofore,  to  enter  into  negotiations 
for  the  restoration  of  peace.  I  am  ready  to  send  a  Commission  whenever 
I  have  reason  to  suppose  it  will  be  received,  or  to  receive  a  Commission 
if  the  United  States  Government  shall  choose  to  send  one.  Notwithstand 
ing  the  rejection  of  our  former  offers,  I  would,  if  you  could  promise  that 
a  Commission,  Minister,  or  other  agent  would  be  received,  appoint  one 
immediately,  and  renew  the  effort  to  enter  into  a  conference  with  a  view 
to  secure  peace  to  the  two  countries. 

Yours,  etc.,  JEFFERSON  DAVIS. 

Afterwards,  with  a  view  that  it  should  be  shown  to  Mr.  Davis,  I  wrote 
and  delivered  to  Mr.  Blair  a  letter,  as  follows,  to  wit : 

WASHINGTON,  January   18,   1865. 

F.  P.  Blair,  Esq. 

Sir:  You  having  shown  me  Mr.  Davis's  letter  to  you  of  the  I2th  inst., 
you  may  say  to  him  that  I  have  constantly  been,  am  now,  and  shall  con 
tinue  ready  to  receive  any  agent  whom  he,  or  any  other  influential  person 
now  resisting  the  national  authority,  may  informally  send  me,  with  a 
view  of  securing  peace  to  the  people  of  our  common  country. 

Yours,  etc.,  A.  LINCOLN. 


522  Messages  and  Papers  of  the  Confederacy. 

Afterwards  Mr.  Blair  dictated  for  and  authorized  me  to  make  an  entry 
on  the  back  of  my  retained  copy  of  the  letter  just  above  recited  which  is 
as  follows : 

January  28,  1865. 

To-day  Mr.  Blair  tells  me  that  on  the  2ist  inst,  he  delivered  to  Mr. 
Davis  the  original,  of  which  the  within  is  a  copy,  and  left  it  with  him; 
that  at  the  time  of  delivering  Mr.  Davis  read  it  over  twice  in  Mr.  Blair's 
presence,  at  the  close  of  which  he  (Mr.  B.)  remarked  that  the  part  about 
our  common  country  related  to  the  part  of  Mr.  Davis's  letter  about  the 
two  countries,  to  which  Mr.  D.  replied  that  he  understood  it. 

A.  LINCOLN. 

Afterwards  the  Secretary  of  War  placed  in  my  hands  the  following 
telegram,  indorsed  by  him,  as  appears : 

OFFICE  U.  S.  MILITARY  TELEGRAPH,  WAR  DEPARTMENT. 
(Cipher.)     The   following   telegram   was   received   at   Washington  Jan 
uary  29,  1865: 

FROM  HEADQUARTERS  ARMY  OF  THE  JAMES, 
6:30  P.M.,  January  29,  1865. 

To  Hon.  E.  M.  Stanton,  Secretary  of  War. 

The  following  dispatch  is  just  received  from  Major  General  Parke,  who 
refers  it  to  me  for  my  action.  I  refer  it  to  you  in  lieu  of  General  Grant — 
absent.  E.  O.  C.  ORD,  Major  General  Comdg. 

HEADQUARTERS  ARMY  OF  THE  JAMES. 

The  following  dispatch  is  forwarded  to  you  for  your  action.  Since  I 
have  no  knowledge  of  General  Grant's  having  had  any  understanding  of 
this  kind,  I  refer  this  matter  to  you  as  the  ranking  officer  present  in  the 
two  armies.  JOHN  G.  PARKE,  Major  General  Comdg. 

FROM  HEADQUARTERS  NINTH  ARMY  CORPS, 
January  29,   1865.    ^\ 

Major  General  John  G.  Parke,  Headquarters  Army  of  the  Potomac. 

Alexander  H.  Stephens,  R.  M.  T.  Hunter,  and  J.  A.  Campbell  desire 
to  cross  my  lines,  in  accordance  with  an  understanding  claimed  to  exist 
with  Lieutenant  General  Grant,  on  their  way  to  Washington  as  Peace 
Commissioners.  Shall  they  be  admitted?  They  desire  an  early  answer, 
so  as  to  come  through  immediately.  They  would  like  to  reach  City  Point 
to-night  if  they  can.  If  they  cannot  do  this,  they  would  like  to  come 
through  to-morrow  morning. 

O.  B.  WILLCOX,  Major  Commanding  Ninth  Corps. 

Respectfully  referred  to  the  President  for  such  instructions  as  he  may 
be  pleased  to  give.  .  EDWIN  M.  STANTON,  Secretary  of  War. 

January  29,  1865,  8:30  P.M. 


Second  Congress.  323 

It  appears  that  about  the  time  of  placing  the  foregoing  telegram  in  my 
hands,  the  Secretary  of  War  dispatched  to  General  Ord  as  follows,  to  wit : 


WAR  DEPARTMENT,  WASHINGTON  CITY, 
Jan.  29,  1865,  10  P.M. 

Major  General  Ord. 

This  Department  has  no  knowledge  of  any  understanding  by  Gen.  Grant 

to  allow  any  person  to  come  within  his  lines  as  Commissioners  of  any 
sort.  You  will  therefore  allow  no  one  to  come  into  your  lines  under  such 
character  or  profession  until  you  receive  the  President's  instructions,  to 
whom  your  telegrams  will  be  submitted  for  his  directions. 

EDWIN  M.  STANTON,  Secretary  of  War. 
(Sent  in  cipher  at  2  A.M.) 


Afterwards,  by  my  directions,  the  Secretary  of  War  telegraphed  Gen. 
Ord  as  follows,  to  wit : 

WAR  DEPARTMENT,  WASHINGTON,  D.   C., 
Jan.  30,  1865,  10  A.M. 

Major  General  E.  O.  C.   Ord,   Headquarters  Army  of  the  James. 

By  the  direction  of  the  President  you  are  instructed  to  inform  the  three 
gentlemen,  Messrs.  Stephens,  Hunter,  and  Campbell,  that  a  message  will 
be  dispatched  to  them  at  or  near  where  they  now  are  without  unneces 
sary  delay.  EDWIN  M.  STANTON,  Secretary  of  War. 


Afterwards   I   prepared   and  put   into   the   hands   of  Major   Thomas    T. 
Eckert  the  following  instructions : 

EXECUTIVE  MANSION,  WASHINGTON, 
Jan.  30,  1865. 

Major  T.  T.  Eckert. 

Sir:  You  will  proceed  with  the  documents  placed  in  your  hands,  and 
on  reaching  General  Ord  will  deliver  him  the  letter  addressed  him  by 
the  Secretary  of  War.  Then,  by  General  Ord's  assistance,  procure  an 
interview  with  Messrs.  Stephens,  Hunter,  and  Campbell,  or  any  of  them, 
deliver  to  him  or  them  the  paper  on  which  your  own  letter  is  written. 
Note  on  the  copy  which  you  retain  the  time  of  delivery  and  to  whom  de 
livered.  Receive  their  answer  in  writing,  waiting  a  reasonable  time  for 
it,  and  which,  if  it  contain  their  decision  to  come  through  without  further 
conditions,  will  be  your  warrant  to  ask  General  Ord  to  pass  them  through 
as  directed  in  the  letter  of  the  Secretary  of  War.  If  by  their  answer 
they  decline  to  come,  or  propose  other  terms,  do  not  have  them  pass 
through.  And  this  being  your  whole  duty  return  and  report  to  me. 

Yours  truly,  A.  LINCOLN. 


524  Messages  and  Papers  of  the  Confederacy. 

CITY  POINT,  Feb.  i,  1865. 

Messrs.  Alexander  H.  Stephens,  J.  A.  Campbell,  and  R.  M.  T.  Hunter. 

Gentlemen:  I  am  instructed  by  the  President  of  the  United  States  to 
place  this  paper  in  your  hands  with  the  information  that  if  you  pass 
through  the  United  States  military  lines,  it  will  be  understood  that  you 
do  so  for  the  purpose  of  an  informal  conference  on  the  basis  of  that  letter, 
a  copy  of  which  is  on  the  reverse  side  of  this  sheet ;  and  that  you  choose 
to  pass  on  such  understanding,  and  so  notify  me  in  writing.  I  will  pro 
cure  the  Commanding  General  to  pass  you  through  the  lines  and  to  Fortress 
Monroe  under  such  military  precautions  as  he  may  deem  prudent,  and 
at  which  place  you  will  be  met  in  due  time  by  some  person  or  persons  for 
the  purpose  of  such  informal  conference;  and  further,  that  you  shall  have 
protection,  safe  conduct,  and  safe  return  in  all  events. 

THOMAS  T.  ECKERT,  Major  and  Aid-de-Camp. 

Afterwards,  but  before  Major  Eckert  had  departed,  the  following  dis 
patch  was  received  from  General  Grant : 

OFFICE  U.  S.  MILITARY  TELEGRAPH,  WAR  DEPARTMENT. 
(Cipher) 

The  following  telegram  was  received  at  Washington,  Jan.  31,  1865, 
from  City  Point,  Va.,  10:30  A.M.,  Jan.  31,  1865: 

His  Excellency  Abraham  Lincoln,  President  of  the  United  States. 

The  following  commmunication  was  received  here  last  evening: 

PETERSBURG,  VA.,  Jan.  30,  1865. 

Lieut.  Gen.  IT.  S.  Grant,  Commanding  Armies  of  the  United  States. 

Sir:  We  desire  to  pass  your  lines  under  safe  conduct,  and  to  proceed 
to  Washington  to  hold  a  conference  with  President  Lincoln  upon  the 
subject  of  the  existing  war,  and  with  a  view  of  ascertaining  upon  what 
terms  it  may  be  terminated,  in  pursuance  of  the  course  indicated  by  him 
in  his  letter  to  Mr.  Blair  of  Jan.  18,  1865,  of  which  we  presume  you 
have  a  copy,  and  if  not,  we  wish  to  see  you  in  person,  if  convenient,  and 
to  confer  with  you  on  the  subject. 

Very  respectfully  yours,  ALEXANDER   H.    STEPHENS, 

J.   A.   CAMPBELL, 
R.  M.  T.  HUNTER. 

I  have  sent  directions  to  receive  these  gentlemen,  and  expect  to  have 
them  at  my  quarters  this  evening  awaiting  your  instructions. 

U.  S.  GRANT,  Lieut.  General, 
Commanding  Armies  of  the  United  States. 

This,  it  will  be  perceived,  transferred  General  Ord's  agency  in  the  matter 
to  General  Grant.  I  resolved,  however,  to  send  Major  Eckert  forward 
with  his  message,  and  accordingly  telegraphed  General  Grant  as  follows, 
to  wit : 


Second  Congress.  525 

EXECUTIVE  MANSION,  WASHINGTON, 
Jan.  31,  1865. 

Lieut.  Gen.  Grant,  City  Point,  Va. 

A  messenger  is  coming  to  you  on  the  business  contained  in  your  dis 
patch.  Detain  the  gentlemen  in  comfortable  quarters  until  he  arrives, 
and  then  act  upon  the  message  he  brings  as  far  as  applicable,  it  having 
been  made  up  to  pass  through  Gen.  Ord's  hands,  and  when  the  gentlemen 
were  supposed  to  be  beyond  our  lines. 

(Sent  in  cipher  at  i  130  P.M.)  A.  LINCOLN. 


When  Major  Eckert  departed,  he  bore  with  him  a  letter  of  the  Secre 
tary  of  War  to  General  Grant  as  follows,  to  wit : 

WAR  DEPARTMENT,  WASHINGTON,  D.  C, 
Jan.  30,  1865. 

Lieut.  General  Grant,  Commanding,  etc. 

General:  The  President  desires  that  you  procure  for  the  bearer,  Major 
Thomas  T.  Eckert,  an  interview  with  Messrs.  Stephens,  Hunter,  and  Camp 
bell,  and  if,  on  his  return  to  you,  he  requests  it,  pass  them  through  our 
lines  to  Fortress  Monroe  by  such  route  and  under  such  military  precau 
tions  as  you  may  deem  prudent,  giving  them  protection  and  comfortable 
quarters  while  there,  and  that  you  let  none  of  this  have  any  effect  upon 
any  of  your  movements  or  plans. 

By  order  of  the  President. 

EDWIN  M.  STANTON,  Secretary  of  U'ar. 


Supposing  the  proper  point  to  be  then  reached,  I  dispatched  the  Secre 
tary  of  State  with  the  following  instructions,  Major  Eckert,  however, 
going  ahead  of  him  : 

EXECUTIVE  MANSION,  Jan.  31,  1865. 

Hon.  Wm.  H.  Seward,  Secretary  of  State. 

You  will  proceed  to  Fortress  Monroe,  Va.,  there>  to  meet  and  informally 
confer  with  Messrs.  Stephens,  Hunter,  and  Campbell  on  the  basis  of  my 
letter  to  F.  P.  Blair,  Esq.,  of  Jan.  18,  1865,  a  copy  which  you  have. 
You  will  make  known  to  them  that  three  things  are  indispensable,  to  wit: 
ist,  the  restoration  of  the  national  authority  throughout  all  the  States; 
2d,  no  receding  by  the  Executive  of  the  United  States  on  the  slavery 
question  from  the  position  assumed  thereon  in  the  late  annual  message 
to  Congress,  and  in  the  preceding  documents;  3d,  no  cessation  of  hostili 
ties  short  of  an  end  of  the  war  and  the  disbanding  of  all  the  forces  hostile 
to  the  Government.  You  will  inform  them  that  all  propositions  of  theirs 
not  inconsistent  with  the  above  will  be  considered  and  passed  upon  in  a 
spirit  of  sincere  liberality.  You  will  hear  all  they  may  choose  to  say  and 
report  it  to  me.  You  will  not  assume  to  definitely  consummate  anything. 

Yours,  etc.,  ABRAHAM  LINCOLN. 


526  Messages  and  Papers  of  the  Confederacy. 

On  the  day  of  its  date  the  following  telegram  was  sent  to   General 
Grant: 

WAR  DEPARTMENT,  WASHINGTON, 
Feb.  i,  1865. 

Lieut.  Gen.  Grant,  City  Point,  Va. 

Let  nothing  which  is  transpiring  change,  hinder,  or  delay  your  mili 
tary  movements  or  plans. 

(Sent  in  cipher  at  9:30  A.M.)  A.  LINCOLN. 

Afterwards  the  following  dispatch  was  received  from  General  Grant: 

OFFICE  U.  S.  TELEGRAPH,  WAR  DEPARTMENT. 
(In  cipher.) 

The  following  telegram  was  received  at  Washington  at  2:30  P.M.,  Feb. 
I,  1865,  from  City  Point,  Va.,  Feb.  i,  12:30  P.M.,  1865: 

His  Excellency  Abraham  Lincoln,  President  of  the  United  States. 

Your  dispatch  is  received.  There  will  be  no  armistice  in  consequence 
of  the  presence  of  Mr.  Stephens  and  others  within  our  lines.  The  troops 
are  kept  in  readiness  to  move  at  the  shortest  notice  if  occasion  should 
justify  it.  U.  S.  GRANT,  Lieut.  Gen. 

To  notify  Major  Eckert  that  the  Secretary  of  State  would  be  at  Fort 
ress  Monroe  and  to  put  them  in  communication,  the  following  dispatch 
was  sent: 

WAR  DEPARTMENT,  WASHINGTON, 
Feb.  i,  1865. 

T.  T.  Eckert,  care  Gen.  Grant,  City  Point,  Va. 

Call  at  Fortress  Monroe  and  put  yourself  under  the  direction  of  Mr. 
S.,  whom  you  will  find  there.  A.  LINCOLN. 

On  the  morning  of  the  2d  inst.  the  following  telegrams  were  received 
by  me  from  the  Secretary  of  State  and  Major  Eckert: 

FORTRESS  MONROE,  VA.,  11:30  P.M., 
Feb.  i,  1865- 

The  President  of  the  United  States. 

Arrived  here  this  evening.     Richmond  party  not  here.     I  remain  here. 

WM.  H.  SEWARD. 

CITY  POINT,  VA.,  10  P.M., 
Feb.  i,  1865- 

His  Excellency  A.  Lincoln,  President  of  the  United  States. 

I  have  the  honor  to  report  the  delivery  of  your  communication  and  my 
letter  at  4:15  this  afternoon,  to  which  I  received  a  reply  at  6  P.M.,  but 
not  satisfactory.  At  8  P.M.  the  following  note,  addressed  to  Gen.  Grant, 
was  received  : 


Second  Congress.  527 

CITY  POINT,  Feb  i,  1865. 

To  Lieut.  Gen.  Grant. 

Sir:  We  desire  to  go  to  Washington  City  to  confer  informally  with  the 
President  personally,  in  reference  to  the  matters  mentioned  in  his  letter 
to  Mr.  Blair  of  the  iSth  of  January,  ult.,  without  any  personal  compromise 
on  any  question  in  the  letter.  We  have  the  permission  to  do  so  from  the 
authorities  in  Richmond. 

Very   respectfully  yours,  ALEXANDER    H.    STEPHENS, 

R.  M.  T.  HUNTER, 
J.  A.  CAMPBELL. 

At  9:30  P.M.  I  notified  them  that  they  could  not  proceed  farther  unless 
they  complied  with  the  terms  expressed  in  my  letter.  The  point  of  meet 
ing  designated  in  the  above  would  not,  in  my  opinion,  be  insisted  upon. 
I  think  Fortress  Monroe  would  be  acceptable.  Having  complied  with 
my  instructions,  will  return  to  Washington  to-morrow,  unless  otherwise 
ordered.  THOMAS  T.  ECKERT,  Major,  etc. 

On  reading  this  dispatch  of  Major  Eckert's,  I  was  about  to  recall  him 
and  the  Secretary  of  State,  when  the  following  telegram  of  General  Grant 
to  the  Secretary  of  War  was  shown  me: 

OFFICE  I'.  S.  MILITARY  TELEGRAPH,  WAR  DEPARTMENT. 
(In    cipher.) 

The  following  telegram  was  received  at  Washington  at  4135  A.M.,  Feb. 
2,  1865,  from  City  Point,  Ya.,  Feb.  i,  1865: 

To  lion.  E.  M.   Stanton,  Secretary  of  War. 

Now  that  the  interview  between  Major  Eckert,  under  his  written  in 
structions,  and  Mr.  Stephens  and  party,  has  ended,  I  will  state  confi 
dentially,  but  not  officially,  to  become  a  matter  of  record,  that  I  am  con 
vinced,  upon  conversation  with  Messrs.  Stephens  and  Hunter,  that  their 
intentions  are  good  and  their  desire  sincere  to  restore  peace  and  Union. 
I  have  not  felt  myself  at  liberty  to  express  even  views  of  my  own,  or  to 
account  for  my  reticence.  This  has  placed  me  in  an  awkward  position, 
which  I  could  have  avoided  by  not  seeing  them  in  the  first  instance.  I 
fear  now  their  going  back  without  any  expression  from  any  one  in  authority 
will  have  a  bad  influence.  At  the .  same  time  I  recognize  the  difficulties 
in  the  way  of  receiving  these  informal  Commissioners  at  this  time,  and  I 
do  not  know  what  to  recommend.  I  am  sorry,  however,  that  Mr.  Lin 
coln  cannot  have  an  interview  with  the  two  named  in  this  dispatch,  if 
not  all  three  now  within  our  lines.  Their  letter  to  me  was  all  that  the 
President's  instructions  contemplated  to  secure  their  safe  conduct,  if  they 
had  used  the  same  language  to  Capt.  Eckert. 

U.   S.  GRANT,  Lieut.  General. 

This  dispatch  of  General  Grant  changed  my  purpose,  and  accordingly 
I  telegraphed  him  and  the  Secretary  of  War  as  follows : 


528  Messages  and  Papers  of  the  Confederacy. 

WAR  DEPARTMENT,  WASHINGTON, 
Feb.  2,  1865. 

To  Lieut.  General  Grant,  City  Point,  Va. 

Say  to  the  gentlemen  that  I  will  meet  them  personally  at  Fortress  Mon 
roe  as  soon  as  I  can  get  there. 

(Sent  in  cipher  at  9  A.M.)  A.  LINCOLN. 

WAR  DEPARTMENT,  WASHINGTON,  D.  C, 
Feb.  2,  1865. 

To  Hon.  Wm.  H.  Seward,  Fortress  Monroe,  Va. 

Induced  by  a  dispatch  from  General  Grant,  I  join  you  at  Fortress  Mon 
roe  as  soon  as  I  can  come. 

(Sent  in  cipher  at  9  A.M.)  A.  LINCOLN. 

Before  starting,  the  following  dispatch  was  shown  me.  I  proceeded, 
nevertheless : 

OFFICE  U.  S.  MILITARY  TELEGRAPH,  WAR  DEPARTMENT. 

(In  cipher.) 

The  following  telegram  was  received  at  Washington,  Feb.  2,  1865,  from 
City  Point,  Va.,  9  A.M.,  Feb.  2,  1865 : 

To  Hon.  W.  H.  Seward,  Sec'y  of  State,  Fortress  Monroe. 

[Copy  to  Hon.  E.  M.  Stanton,  Secretary  of  War.] 

The  gentlemen  here  have  accepted  the  proposed  terms  and  will  leave 
for  Fortress  Monroe  at  9:30  A.M.  U.  S.  GRANT,  Lieut.  Gen. 

On  the  night  of  the  2d  I  reached  Hampton  Roads,  and  found  the  Sec 
retary  of  State  and  Major  Eckert  in  a  steamer  anchored  off  the  shore, 
and  learned  of  them  that  the  Richmond  gentlemen  were  in  another 
steamer,  also  anchored  off  shore  in  the  Roads,  and  that  the  Secretary  of 
State  had  not  yet  seen  or  communicated  with  them.  I  ascertained  that 
Major  Eckert  had  literally  complied  with  his  instructions,  and  I  saw  for 
the  first  time  the  answer  of  the  Richmond  gentlemen  to  him,  which,  in 
his  dispatch  to  me  of  the  1st,  characterized  as  not  satisfactory.  That 
answer  is  as  follows,  to  wit: 

CITY  POINT,  VA.,  Feb.  i,  1865. 

To  Thos.  T.  Eckert,  Major  and  Aid-de-Camp. 

Major:  Your  note  delivered  by  yourself  this  day  has  been  considered. 
In  reply,  we  have  to  say  that  we  were  furnished  with  a  copy  of  the  letter 
of  President  Lincoln  to  F.  P.  Blair,  of  the  i8th  of  January,  ult.  Another 
copy  of  which  is  appended  to  your  note.  Our  intentions  are  contained  in 
the  letter,  of  which  the  following  is  a  copy: 

RICHMOND,  January  28,  1865. 

In  conformity  with  the  letter  of  Mr.  Lincoln,  of  which  the  foregoing 
is  a  copy,  you  are  to  proceed  to  Wishington  City  for  an  informal  confer- 


Second  Congress.  529 

ence  with  him  upon  the  issues  involved  in  the  existing  war,  and  for  the 
purpose  of  securing  peace  to  the  two  countries. 

With  great  respect,  your  obedient  servant,  JEFFERSON  DAVIS. 


The  substantial  object  to  be  attained  by  the  informal  conference  is  to 
ascertain  upon  what  terms  the  existing  war  can  be  terminated  honorably. 
Our  instructions  contemplate  a  personal  interview  between  President  Lin 
coln  and  ourselves  at  Washington;  but,  with  this  explanation,  we  are 
ready  to  meet  any  person  or  persons  that  President  Lincoln  may  appoint, 
at  such  place  as  he  may  designate.  Our  earnest  desire  is  that  a  just  and 
honorable  peace  may  be  agreed  upon,  and  we  are  prepared  to  receive  or 
to  submit  propositions  which  may  possibly  lead  to  the  attainment  of 
that  end. 

Very  respectfully  yours,  ALEX.    H.    STEPHENS, 

ROBERT  M.  T.  HUNTER, 
JOHN   A.   CAMPBELL. 


A  note  of  these  gentlemen,  subsequently  addres&ecf  to  General  Grant, 
has  already  been  given  in  Major  Eckert's  dispatch  of  the  ist  inst.  I  also 
saw  here  for  the  first  time  the  following  note  addressed  by  the  Richmond 
gentlemen  to  Major  Eckert : 

CITY  POINT,  VA..  February  2,  1865. 

Thomas  T.  Eckert,   Major  and  A.  D.  C. 

Major:  In  reply  to  your  verbal  statement  that  your  instructions  did  not 
allow  you  to  alter  the  conditions  upon  which  a  passport  would  be  given 
to  us,  we  say  that  we  are  willing  to  proceed  to  Fortress  Monroe,  and  there 
to  have  an  informal  conference  with  any  person  or  persons  that  President 
Lincoln  may  appoint,  on  the  basis  of  his  letter  to  Francis  P.  Blair  of  the 
i8th  of  January,  ultimo,  or  upon  any  other  terms  or  conditions  that  he 
may  hereafter  propose  not  inconsistent  with  the  essential  principles  of 
self-government  and  popular  rights,  upon  which  our  institutions  are 
founded.  It  is  our  earnest  wish  to  ascertain,  after  a  free  interchange  of 
ideas  and  information,  upon  what  principles  and  terms,  if  any,  a  just  and 
honorable  peace  can  be  established  without  the  further  effusion  of  blood, 
and  to  contribute  our  utmost  efforts  to  accomplish  such  a  result.  We 
think  it  better  to  add  that  in  accepting  your  passport  we  are  not  to  b(? 
understood  as  committing  ourselves  to  anything,  but  to  carry  on  this  in 
formal  conference  with  the  views  and  feelings  above  expressed. 

Very   respectfully   yours,    etc.,  ALEX.    H.    STEPHENS, 

R.  M.  T.  HUNTER, 
J.  A.  CAMPRELL. 

[Note.  The  above  communication  was  delivered  to  me  at  Fortress  Mon 
roe  at  4:30  P.M.,  Feb.  2,  by  Lieut.  Col.  Babcock,  of  Gen.  Grant's  Staff. 

THOS.  T.  ECKERT,  Major  and  A.  D.  C.] 

34 


530  Messages  and  Papers  of  the  Confederacy. 

On  the  morning  of  the  3d  the  gentlemen,  Messrs.  Stephens,  Hunter,  and 
Campbell,  came  ahoard  of  our  steamer  and  had  an  interview  with  the 
Secretary  of  State  and  myself  of  several  hours'  duration.  No  question 
of  preliminaries  to  the  meeting  was  then  and  there  made  or  mentioned. 
No  other  person  was  present.  No  papers  were  exchanged  or  produced, 
and  it  was  in  advance  agreed  that  the  conversation  was  to  be  informal 
and  verbal  merely.  On  my  part  the  whole  substance  of  the  instructions  to 
the  Secretary  of  State,  hereinbefore  recited,  was  stated  and  insisted  upon, 
and  nothing  was  said  inconsistent  therewith,  while,  by  the  other  party, 
it  was  not  said  that  in  any  event  or  on  any  condition  they  ever  would 
consent  to  reunion ;  and  yet  they  equally  omitted  to  declare  that  they  would 
never  so  consent.  They  seemed  to  'desire  a  postponement  of  that  question 
and  the  adoption  of  some  other  course  first,  which,  as  some  of  them 
seemed  to  argue,  might  or  might  not  lead  to  reunion,  but  which  course  we 
thought  would  amount  to  an  indefinite  postponement. 

The  conference  ended  without  result. 

The  foregoing,  containing,  as  is  believed,  all  the  information  sought, 
is  respectfully  submitted.  ABRAHAM  LINCOLN. 


RICHMOND,  VA.,  Februaiy  6th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  I3th  December  last,  I  here 
with  transmit  for  your  information  a  communication  from  the 
Secretary  of  War,  relative  to  the  "Cotton  Bureau,"  established  in 
the  State  of  Texas,  and  covering  copies  of  all  documents  on  the 
subject  on  file  in  his  office,  and  of  his  correspondence  with  the 
General  commanding1  the  Trans-Mississippi  Department,  in  refer 
ence  to  the  use  of  cotton  as  a  means  of  procuring  supplies  for  the 
Army.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  8,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  tilt.,  I  herewith  trans 
mit  a  communication  from  the  Secretary  of  War,  covering  a  list 
of  the  quartermasters  and  assistant  quartermasters  now  in  the 
service  and  indicating  the  rank  of  each  officer  and  the  duty  on 
which  he  is  employed.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  8,  1865. 
To  the  House  of  Representatives.. 

In  response  to  your  resolution  of  the  3ist  December  last,  I  here 
with  transmit  for  your  information  a  communication  from  the 


Second  Congress.  531 

Secretary  of  War,  covering  copies  of  "the  reports  of  Generals 
Taylor,  Price,  and  Magruder,  with  the  report  of  General  Smith 
appended,  of  their  military  operations  in  the  Trans-Mississippi 
Department  during  the  last  eighteen  months." 

JEFFERSON   DAVIS. 


RICHMOND,  VA.,  February  8th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  i  ith  ult,  I  herewith  trans 
mit  a  communication  from  the  Postmaster  General,  which  con 
veys  the  information  requested  relative  to  the  number  of  persons 
exempted  as  contractors  to  carry  the  mails  on  routes  less  than 
fifty  miles  in  length,  so  far  as  the  records  of  his  office  enable  him 
to  furnish  it.  JEFFERSON  DAVIS. 

RICHMOND.  VA.,  Feb.  10,  1865. 

To  the   Senate  and  House  of   Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  an  estimate  for  an 
additional  appropriation  required  by  the  Xavy  Department. 

JEFFERSON  DAVIS. 

RICHMOND.  VA.,  Feb.  15,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  partial  response  to  your  resolution  of  the  24th  ultimo,  I 
herewith  transmit  communications  from  the  Secretary  of  the  Navy 
and  the  Postmaster  General,  relative  to  the  number  of  white  men 
between  the  ages  of  18  and  45,  and  of  negroes,  whose  services  are 
necessary  to  their  respective  Departments. 

The  Secretary  of  War  has  been  called  on  to  furnish  reports  on 
this  subject  from  the  several  bureaus  specified  in  your  resolution, 
which  will  be  transmitted  when  received.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  15,  1865. 
To  the  House  of  Representatives. 

In  further  response  to  your  resolution  of  the  25th  ultimo,  I 
herewith  transmit  for  your  information  a  communication  from 


532  Messages  and  Papers  of  the  Confederacy. 

the  Secretary  of  the  Navy,  covering  copies  of  the  remainder  of 
his  correspondence  with  the  Governor  of  North  Carolina,  relative 
to  coal  belonging  to  the  steamer  "Advance." 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  15,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  24th  December  last,  I  here 
with  transmit  a  communication  from  the  Secretary  of  War,  which 
conveys  the  information  requested,  relative  to  the  number  of  iron 
furnaces  and  forges  worked  by  agents  of  the  Government  or  by 
contractors  during  the  year  1864,  and  to  the  cost  per  ton  of  the 
several  kinds  of  iron  furnished  by  them.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  15,  1865. 

To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  an  estimate  for  an 
additional  appropriation  required  by  the  Department  of  Justice. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  20,  1865. 
To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

I  submit  herewith  to  your  honorable  body  a  report  from  the 
Secretary  of  War,  dated  the  i8th  instant,  exhibiting  the  condition 
to  which  the  public  service  is  now  reduced  by  the  want  of  means  in 
the  Treasury  to  furnish  the  supplies  needful  for  the  Army  and  for 
the  public  defense.  The  urgency  for  the  passage  of  some  revenue 
bill  has  now  become  so  pressing  as  to  threaten  the  gravest  con 
sequences.  I  am  fully  aware  of  the  embarrassments  which  have 
retarded  the  action  of  the  House  in  the  performance  of  its  exclu 
sive  constitutional  function  of  originating  a  bill  for  raising  rev 
enue,  and  that  the  great  diversity  of  opinion  which  must  exist  on 
so  complex  and  difficult  a  subject  has  prevented  the  adoption  of 
measures  recommended  by  the  Committee  of  Ways  and  Means  of 
the  House,  as  well  as  those  recommended  by  the  Secretary  of  the 
Treasury.  I  would,  however,  respectfully  suggest  that  our  af- 


Second  Congress.  533 

fairs  are  row  in  a  position  so  critical  that  objections  which  under 
other  circumstances  would  be  regarded  as  insurmountable  may 
well  be  waiveu  :n  favor  of  any  scheme  of  finance  or  taxation  that 
will  enable  the  licasury  promptly  to  meet  our  most  pressing 
wants,  and  that  immediate  legislation,  even  if  somewhat  imperfect, 
is  preferable  to  wiser  measures  if  attended  with  delay. 

In  connection  with  this  subject  I  would  invoke  your  attention 
to  the  need  of  prompt  action  for  adding  to  our  strength  in  the 
field.  Very  few  weeks  now  remain  for  preparation,  and  we  are 
threatened  by  a  concentration  of  forces  around  us  which  cannot 
be  successfully  resisted  without  the  aid  of  large  reenforccments 
to  our  armies. 

It  is  with  trust  in  your  wisdom  and  patriotism  that  I  obey  the 
behest  of  the  Constitution  in  placing  before  you  this  information 
of  the  state  of  the  country,  confident  that  you  wrill  need  no  further 
stimulus  than  the  knowledge  of  these  facts  to  induce  such  action 
as  will  avert  the  perils  which  now  menace  our  country. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  Feb.  20,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  6th  instant,  I  herewith 
transmit  a  communication  from  the  Secretary  of  War,  which  con 
veys  all  the  information  in  my  possession  relative  to  the  non-de 
struction  of  the  cotton  in  the  city  of  Savannah,  before  its  evacua 
tion  by  our  military  forces.  JEFFERSON  DAVIS. 

RICHMOND,  VA..  Feb.  20,  1865.. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  an  additional 
appropriation  required  by  the  Department.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  20,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  further  response  to  your  resolution  of  the  24th  ult.,  I  here 
with  transmit  a  communication  from  the  Secretary  of  War,  rela- 


534  Messages  and  Papers  of  the  Confederacy. 

tive  to  the  number  of  white  men  between  the  ages  of  i'8  and  45, 
and  of  negroes,  who,  in  addition  to  their  own  officers,  £re  required 
to  carry  on  the  operations  of  the  Bureau  of  his  Department  to 
which  your  inquiries  refer,  and  of  the  railroad  companies  of  the 
country;  and  indicating  the  railroads  wnich  he  considers  most 
necessary  for  military  purposes  and  of  which  the  repairs  or  con 
struction  should  be  affected  by  appropriations  by  the  Government. 
In  connection  with  the  latter  subject  he  makes  a  suggestion  to 
which  I  invite  your  special  attention.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  21,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  3Oth  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  relative  to  the  accessions  to  the  Army  from  each 
State  since  April  16,  1862 ;  to  the  number  of  persons  liable  to  con 
scription  who  have  been  exempted  or  detailed,  and  to  the  number 
of  those  between  the  ages  of  eighteen  and  forty-five,  and  not  un 
fitted  for  active  service  in  the  field,  who  are  employed  in  the  sev 
eral  States  in  the  manner  indicated  in  your  inquiry. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  22,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  25th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secre 
tary  of  War,  relative  to  the  number  of  able-bodied  men  between 
the  ages  of  eighteen  and  forty-five  "claimed  to  be  exempt  from 
conscription  by  the  Governor,  laws,  and  resolutions  of  the  State 
of  Georgia."  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  February  24th,  1865. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  copies  of  the  corre 
spondence  requested  in  your  resolution  of  the  24th  ult.,  as  follows 
— to  wit : 

"Resolved,  That  the  President  be  requested  to  communicate  to 
this  House,  if  not  incompatible  with  the  public  interest,  all  the 


Second  Congress.  535 

correspondence  between  himself  and  General  Joseph  E.  Johnston 
touching-  the  command  and  movements  of  the  Army  of  Tennessee, 
and  all  the  correspondence  between  himself  and  Generals  Beaure- 
gard  and  Hood  touching  the  command  and  movements  of  the 
same  army  since  the  removal  of  General  Johnston  from  the  com 
mand  of  it,  and  up  to  the  retreat  of  it  to  the  south  side  of  the 
Tennessee  River." 

The  correspondence  of  the  Secretary  of  War  and  of  the  Adju 
tant  General  will  be  found  combined  according  to  dates. 

JEFFERSON  DAVIS. 


RICHMOND,   VA.,  February  24th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  i/th  of  Ma}'  last,  I  here 
with  transmit  for  your  information  a  copy  of  my  own  correspond 
ence  as  well  as  that  of  the  Secretary  of  War,  and  of  the  Adjutant 
and  Inspector  General,  with  Genl.  Joseph  E.  Johnston,  during 
the  period  indicated. 

The  resolution  is  in  these  words: 

"Resolved,  That  the  President  be  respectfully  requested,  in  addi 
tion  to  the  correspondence  heretofore  communicated  to  Congress 
between  the  President  and  Secretary  of  War  and  General  Joseph 
E.  Johnston  in  relation  to  the  conduct  of  the  war  in  the  valley  of 
the  Mississippi,  to  communicate  to  Congress  so  much  of  said  cor 
respondence  as  has  not  as  yet  been  called  for  by  this  House,  com 
mencing  with  a  letter  of  November  24th,  1862,  addressed  by  Gen 
eral  Johnston  to  the  Hon.  Geo.  W.  Randolph,  Secretary  of  War, 
and  including  General  Johnston's  reply  to  the  letter  of  the  Pres 
ident  of  July  last,  which  closes  the  public  correspondence." 

To  the  copy  of  General  Johnston's  letters  of  August  8th  and 
2Oth,  1863,  which  is  requested  in  the  latter  part  of  the  resolution, 
has  been  added  a  copy  of  my  reply,  bearing  date  September  7th, 
1863,  and  closing  the  correspondence  to  which  it  belongs;  and, 
with  a  view  to  presenting  the  whole  subject  at  once,  I  have  includ 
ed  a  copy  of  the  printed  correspondence  heretofore  communicated 
to  Congress,  which  was  published  by  order  of  the  House  and 
which  has  been  submitted  in  response  to  the  resolution  of  Decem 
ber  nth,  1863,  as  follows: 


536  Messages  and  Papers  of  the  Confederacy. 

"Resolved,  That  the  President  be  requested  to  communicate  to 
the  House,  if  not  incompatible  with  the  public  interest,  the  orders 
given  to  and  the  correspondence  had  with  General  Jos.  E.  John 
ston  during  the  months  of  May,  June,  and  July,  1863,  concerning 
his  command  and  the  operations  in  his  Department." 

This  communication  would  have  been  made  at  a  much  earlier 
date  but  for  the  fact  that  an  important  paper  which  had  been 
handed  to  me  by  General  Johnston  in  person  at  Chattanooga,  and 
in  which  he  objected  to  sending  reinforcements  from  the  Army  of 
Tennessee  to  that  in  Mississippi,  had  been  mislaid,  and  seemed 
necessary  to  the  completeness  of  the  correspondence.  I  have  not 
yet  been  able  to  recover  it,  but  [am]  unwilling  to  delay  my  re 
sponse  to  your  resolution  any  longer  on  that  account. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  25,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  covering  an  estimate  for  an  additional 
appropriation  required  by  the  War  Department. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  27,   1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Postmaster  General,  relative  to  "An  Act  fixing  the  sal 
aries  of  certain  civil  officers  in  the  Trans-Mississippi  Department," 
and  invite  your  special  attention  to  his  suggestions,  with  a  view 
to  further  legislation  on  the  subject  if  you  deem  it  necessary. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  Feb.  28,  1865. 
To  the   Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  War,  relative  to  the  construction  and  repair 
of  railroads  necessary  for  military  purposes,  and  submitting  an 


Second  Congress.  537 

estimate  of  the  amount  required  to  be  appropriated  for  these  ob 
jects  during  the  year  1865. 

I  invite  your  special  attention  to  the  subject. 

JEFFERSON  DAVIS. 


RICHMOND,  YA.,  February  28,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Secretary  of  War,  covering-  copies  of  several  additional  reports 
of  military  operations.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  March  i,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  have  received  the  following  resolution  adopted  by  you  in 
secret  session  on  the  I2th  January  last : 

''Resolved,  That  the  President  of  the  Confederate  States  be  re 
quested  to  communicate  to  the  Senate,  if  in  his  opinion  it  be  not 
incompatible  with  the  public  interests,  the  contemporaneous  cor 
respondence  and  documents  mentioned  in  the  letter  of  the  Secre 
tary  of  War  of  the  3(1  inst.,  communicating  a  copy  of  the  report  of 
Genl.  Joseph  E.  Johnston,  called  for  by  a  resolution  of  the  Senate." 

In  response,  I  herewith  transmit  for  your  information  copies  of 
my  own  correspondence  with  Genl.  J.  E.  Johnston  during  the  time 
he  commanded  the  Army  of  Tennessee  in  the  field,  as  well  as  of 
the  correspondence  had  with  him  by  the  Department. 

The  letter  of  the  Secretary  of  War  of  this  date,  covering  the 
papers  forwarded  by  him,  explains  the  delay  in  responding  to  your 
resolution.  JEFFERSON  DAVIS. 

RICHMOND,  YA.,  March  3,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  have  this  day  received  a  copy  of  your  resolution  of  the  1st 
inst.,  as  follows : 

"Resolved,  That  Major  General  Stephen  D.  Lee,  having  been 
appointed  Lt.  General  under  the  act  of  Feb.  17,  1864,  and 
having  been  relieved  from  the  discharge  of  the  duties  in  the 
command  to  which  he  was  appointed,  cannot  be  confirmed  by  the 


538  Messages  and  Papers  of  the  Confederacy. 

Senate  to  the  said  command,  but  must  now  resume  his  former  rank 
in  the  service." 

In  response,  I  have  the  honor  to  request  the  return  of  the  nom 
ination  which  was  the  occasion  of  the  resolution,  and  to  inforrq 
you  that,  before  the  action  of  the  Senate  in  the  premises  was 
known,  I  had  directed  a  new  nomination  of  the  officer  referred  to 
to  be  made,  which  should  be  free  from  the  objection  stated. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  4,  1865. 
To  the  Senate  of  the  Confederate  States. 

In  response  to  your  resolution  of  the  2ist  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secretary 
of  War,  covering  a  copy  of  General  John  B.  Hood's  report  of  the 
operations  of  the  Army  of  Tennessee  while  under  his  command. 

JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  6,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  have  this  day  approved  and  signed  an  act  which  originated  in 
the  Senate  entitled  "An  Act  (S.  117)  to  authorize  the  command 
ers  of  reserves  in  each  State  to  order  general  courts-martial  and  to 
revise  the  proceedings  of  courts-martial  and  military  courts." 

In  the  first  section  the  general  commanding  reserves  in  each 
State  is  authorized  to  order  general  courts-martial  for  the  trial  of 
offenses  committed  against  the  military  code  by  persons  belonging 
to  his  command  and  to  revise  the  proceedings. 

In  the  second  section  military  courts  are  authorized  under  cer 
tain  circumstances  to  try  offenses  committed  by  members  of  the 
organization  of  reserves.  But  no  provision  is  made  by  which  the 
general  commanding  reserves  is  authorized  to  revise  the  pro 
ceedings  of  military  courts  in  any  case.  From  the  title  of  the 
act  it  seems  to  have  been  the  intention  to  confer  this  power,  and  I 
have  thought  it  proper  to  invite  your  attention  to  what  seems  to 
be  an  oversight  in  not  granting  it.  A  copy  of  the  act  is  inclosed. 

JEFFERSON  DAVIS. 


Second  Congress.  539 

RICHMOND,  VA.,  March  6th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  23d  tilt.,  I  herewith  trans 
mit  for  your  information  a  communication  from  the  Secretary  of 
War,  covering  a  copy  of  General  John  B.  Hood's  report  of  the 
operations  of  the  Army  of  Tennessee  while  under  his  command. 

JEFFERSON  DAVIS. 


To  the  Senate  and  House  of  Representatives  of  the  Confederate  States  of 
America. 

Having  been  this  day  informed  that  the  two  houses  of  Congress 
have  concurred  in  fixing  Saturday  next  as  the  day  for  the  ad 
journment,  I  deem  it  proper  and  advisable  to  notify  you  that  I 
expect  at  an  early  day  to  send  a  communication*  which  may  re 
quire  your  deliberation  and  action,  and  therefore  to  request  that 
you  will  prolong  your  session  for  a  few  days. 

JEFFERSON  DAVIS. 

Richmond,  March  9,  1865. 


EXECUTIVE  OFFICE.  RICHMOND,  VA.,  March  cjth,  1865. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  herewith  transmit  for  your  consideration  a  communication 
from  the  Secretary  of  the  Treasury,  covering  estimates  of  appro 
priations  required  for  the  support  of  the  Government  during  the 
year  1865.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  Qth,  1865. 
To  the  House  of  Representatives. 

I  herewith  transmit  for  your  information  a  copy  of  the  report 
of  Lieut.  Genl.  S.  D.  Lee,  of  the  operations  of  his  corps  of  the 
Army  of  Tennessee  during  the  recent  campaign,  under  command 
of  Genl.  John  B.  Hood,  whose  report  in  response  to  your  resolu 
tion  of  the  23d  ult.  was  submitted  on  the  6th  inst. 

JEFFERSON  DAVIS. 

*See  page  544. 


540  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  March  n,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  have  received  a  copy  of  your  resolution  of  the  6th  instant,  as 
follows: 

Resolved,  That  the  President  be  respectfully  requested  to  inform  the 
Senate  why  he  gives  to  aids-de-camp  to  general  officers  above  the  grade 
of  brigadier  general  only  the  rank  of  first  lieutenant  in  his  nominations 
made  to  the  Senate. 

Ill  response,  I  herewith  transmit  for  your  information  a  com 
munication  from  the  Secretary  of  War  upon  the  same  subject  in 
response  to  the  resolution  of  the  House  of  Representatives  of  No 
vember  8,  1864,  as  follows  : 

Resolved,  That  the  President  be  respectfully  requested  to  inform  this 
House  whether  any  appointments  have  been  made  under  the  act  entitled 
"An  Act  to  provide  and  organize  a  general  staff  for  the  armies  in  the  field 
to  serve  during  the  war,"  approved  June  14,  1864;  and  if  not,  why  such 
appointments  have  not  been  made  in  pursuance  of  said  act. 

The  anticipation  of  amendatory  legislation,  as  set  forth  in  the 
annexed  report,  together  with  the  discretionary  power  vested  in 
the  Executive  by  the  seventh  section  of  the  act  referred  to,  has 
caused  me  for  the  time  being  not  to  make  appointments  under 
said  act. 

In  the  case  of  aids-de-camp,  it  has  been  the  practice,  because 
of  their  personal  and  confidential  relations  to  their  chief,  to  ap 
point  upon  his  nomination.  To  this  practice  there  seems  to  be  no 
paramount  objection,  while  the  rank  of  such  officers  is  of  the 
subaltern  grade ;  but  if  they  have  high  rank,  for  many  and  obvious 
considerations  their  selection  cannot  be  controlled  by  the  personal 
preferences  of  the  general  with  whom  they  are  to  serve.  But  the 
suggested  change  in  the  mode  of  selection  would  impair  the  con 
fidential  relation  which  an  aid  should  have  to  his  chief,  and  be 
an  unwelcome  task  to  the  appointing  power. 

The  nominations  of  aids-de-camp  have  for  the  above  reasons 
been  continued  as  heretofore,  though  the  legislative  amendment 
expected  had  not  been  made.  JEFFERSON  DAVIS. 

^ 
EXECUTIVE  OFFICE,  Richmond,  March  13,  1865. 

To  the  Senate  and  House  of  Representatives  of  the  Confederate  States  of 
America. 

I  have  now  under  consideration  the  act  entitled  "An  Act  to 


Second  Congress.  541 

diminish  the  number  of  exemptions  and  details,"  which  has  passed 
both  Houses,  and  was  presented  to  me  on  Saturday,  the  nth  in 
stant. 

The  act  contains  two  provisions  which  would  in  practice  so  im 
pair  the  efficiency  of  the  service  as  to  counterbalance,  if  not  out 
weigh,  the  advantages  that  would  result  from  the  other  clauses 
contained  in  it. 

The  third  section  exempts  all  skilled  artisans  and  mechanics  in 
the  employment  of  the  Government  from  all  military  service.  A 
very  important  and  indeed  indispensable  portion  of  our  local  de 
fense  troops  consists  of  these  mechanics  and  artisans.  They 
amount  to  many  thousands  in  the  Confederacy  ;  and  while  they  are 
and  should  remain  exempt  from  general  service,  no  good  cause  is 
perceived  why  they  should  not,  like  all  other  citizens  capable  of 
bearing  arms,  be  organized  for  local  defense  and  be  ready  to  de 
fend  the  localities  in  which  they  are  respectively  employed  against 
sudden  raids  and  incursions.  If  exempt  from  this  local  service, 
it  will  be  necessary  to  detach  in  many  cases  troops  from  the  armies 
in  the  field  to  guard  the  towns  and  workshops  where  they  are  em 
ployed.  It  is  believed  that  if  this  provision  becomes  a  law  the  gain 
of  strength  resulting  from  the  repeal  of  other  exemptions  enacted 
by  the  first  section  of  the  law  would  be  more  than  counterbalanced 
by  the  loss  of  this  local  force. 

The  second  provision  to  which  I  refer  is  that  which  revokes  all 
details  and  exemptions  heretofore  granted  by  the  President  and 
Secretary  of  War,  and  prohibits  the  grant  of  such  exemptions  and 
details  hereafter.  There  is  little  hazard  in  saying  that  such  a 
provision  could  not  be  executed  without  so  disorganizing  the  pub 
lic  service  as  to  produce  very  injurious  results.  In  every  depart 
ment  of  the  Government,  in  every  branch  of  the  service  through 
out  the  country,  there  are  duties  to  be  performed  which  cannot 
be  discharged  except  by  men  instructed  and  trained  in  their  per 
formance.  Long  experience  makes  them  experts.  Their  services 
become  in  their  peculiar  sphere  of  duty  worth  to  the  country  great 
ly  more  than  any  they  could  possibly  render  in  the  field.  Some  of 
these  it  would  be  impossible  immediately  to  replace.  The  Treas 
ury  expert  who  detects  a  forged  note  at  a  glance ;  the  accounting 
officer  whose  long  experience  makes  him  a  living  repository  of 
the  rules  and  precedents  which  guard  the  Treasury  from  frauds ; 


542  Messages  and  Papers  of  the  Confederacy. 

the  superintendent  of  the  manufacturing  establishments  of  the 
Government  which  supply  shoes,  harness,  wagons,  ambulances, 
&c.,  for  the  Army ;  the  employees  who  have  been  specially  trained 
in  the  distribution  and  subdivision  of  mail  matter  among  the  va 
rious  routes  by  which  it  is  to  reach  its  destination,  are  among  the 
instances  that  are  afforded  by  the  daily  experience  of  executive 
officers.  To  withdraw  from  the  public  service  at  once,  and  with 
out  any  means  of  replacing  them,  the  very  limited  number  of  ex 
perts,  believed  to  be  less  than  100,  who  are  affected  by  the  bill,  is 
to  throw  the  whole  machinery  of  Government  into  confusion  and 
disorder,  at  a  period  when  none  who  are  not  engaged  in  executive 
duties  can  have  an  adequate  idea  of  the  difficulties  by  which  they 
are  already  embarrassed. 

The  desire  of  the  Executive  and  the  Secretary  of  War  to  obtain 
for  the  Army  the  services  of  every  man  available  for  the  public 
defense  can  hardly  be  doubted,  and  Congress  may  be  assured  that 
nothing  but  imperative  public  necessity  could  induce  the  exercise 
of  any  discretion  vested  in  them  to  retain  men  out  of  the  Army. 
But  no  Government  can  be  administered  without  vesting  some 
discretion  in  executive  officers  in  the  application  of  general  rules 
to  classes  of  the  population.  Individual  exceptions  exist  to  all 
such  rules,  in  the  very  nature  of  things,  and  these  exceptions  can 
not  be  provided  for  by  legislation  in  advance. 

I  earnestly  hope  that  Congress  will  pass  an  amendment  to  the 
act  now  under  consideration,  in  accordance  with  the  foregoing 
recommendations,  so  that  I  may  be  able  by  signing  both  the  act 
and  amendment  to  secure  unimpaired  benefit  from  the  proposed 
legislation.  JEFFERSON  DAVIS. 


EXECUTIVE  OFFICE,  RICHMOND,  March  13,  1865. 
To  the  Senate  and  House  of  Representatives  of  the  Confederate  States. 

I  have  returned  with  my  approval  an  act  entitled  "An  Act  to 
regulate  the  business  of  conscription."  There  is,  however,  one 
section  of  the  act  which  seems  to  me  to  threaten  injury  to  the 
service  unless  essentially  modified. 

The  eighth  section  provides  that  there  shall  be  in  each  Con 
gressional  district  "a  medical  board  composed  of  three  surgeons, 
who,  after  due  notice  of  the  time  and  place  of  their  meeting,  shall 


Second  Congress.  543 

visit  each  county  of  their  district  at  least  once  in  three  months,  and 
shall  examine  for  discharge  or  recommendation  for  light  duty  all 
conscripts  who  have  been  furloughed  under  the  provisions  of  the 
preceding  section.  Every  discharge  granted  by  said  medical 
board  shall  be  final  and  shall  relieve  the  party  from  all  military 
service  in  the  future  when  the  disability  is  permanent  and  the 
cause  of  it  is  set  forth  in  the  certificate.'1 

It  is  greatly  to  be  feared  that  under  the  terms  of  this  section 
considerable  numbers  of  men  will  be  finally  discharged  from  mil 
itary  service  while  competent  to  aid  in  the  defense  of  their  coun 
try.  The  terms  of  the  law  do  not  require  that  the  disability  shall 
be  total,  as  well  as  permanent,  in  order  to  entitle  the  soldier  to  be 
discharged.  The  loss  of  a  limb,  or  stiffness  of  a  joint,  or  even  the 
loss  of  the  dexter  forefinger,  lameness,  nearsightedness,  partial 
deafness,  are  instances  of  disability,  permanent  but  not  total,  and 
which  may  well  exist  without  rendering  the  individual  incompe 
tent  to  perform  valuable  service  in  posts,  garrisons,  or  even  in 
active  operations. 

The  number  of  surgeons  required  for  the  duty  imposed  by  this 
section  would  be  about  150  in  addition  to  the  local  physicians. 
We  have  no  medical  officers  to  spare  from  attendance  upon  the 
troops  and  in  hospitals,  so  that  it  would  be  necessary  to  appoint 
this  number  of  new  officers  who  would  generally  be  drawn  from 
men  in  active  service  in  the  field.  After  the  first  visit  to  the 
different  counties  these  officers  would  have  so  little  to  do  as  to 
be  practically  supernumeraries  supported  by  the  Government  at 
great  cost,  and  with  the  loss  of  their  services  in  the  field.  Of  the 
three  surgeons  who  are  to  compose  the  board,  only  two  are  to  be 
public  officers ;  so  that  any  resident  physician  of  a  county,  in  con 
nection  with  a  single  Army  surgeon,  would  have  power  by  action, 
from  which  there  is  no  appeal,  to  discharge  permanently  from 
service  any  inhabitant  of  the  county  in  which  he  practices  his  pro 
fession.  When  we  consider  the  strong  opposition  manifested  in 
many  districts  of  the  country  to  the  system  of  conscription,  and  the 
many  influences  which  are  resorted  to  by  those  who  seek  to  escape 
service,  there  is  much  cause  to  fear  that  the  effect  of  these  pro 
visions  will  be  to  deplete  our  reduced  forces  to  a  serious  extent, 
and  I  hope  it  will  be  the  pleasure  of  Congress  to  repeal  this  sec 
tion  or  materially  to  modify  its  provisions.  JEFFERSON  DAVIS. 


544  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  March  13,  1865. 

To  the  Senate  and  House  of  Representatives  of  the  Confederate  States  of 

America. 

When  informed  on  Thursday  last  that  it  was  the  intention  of 
Congress  to  adjourn  sine  die  on  the  ensuing  Saturday,  I  deemed  it 
my  duty  to  request  a  postponement  of  the  adjournment*  in  order 
that  I  might  submit  for  your  consideration  certain  matters  of  pub 
lic  interest  which  are  now  laid  before  you.  When  that  request 
was  made,  the  most  important  measures  that  had  occupied  your 
attention  during  the  session  had  not  been  so  far  advanced  as  to  be 
submitted  for  Executive  action,  and  the  state  of  the  country  had 
been  so  materially  affected  by  the  events  of  the  last  four  months  as 
to  evince  the  necessity  of  further  and  more  energetic  legislation 
than  was  contemplated  in  November  last. 

Our  country  is  now  environed  with  perils  which  it  is  our  duty 
calmly  to  contemplate.  Thus  alone  can  the  measures  necessary 
to  avert  threatened  calamities  be  wisely  devised  and  efficiently 
enforced. 

Recent  military  operations  of  the  enemy  have  been  successful 
in  the  capture  of  some  of  our  seaports,  in  interrupting  some  of 
our  lines  of  communication,  and  in  devastating  large  districts  of 
our  country.  These  events  have  had  the  natural  effect  of  encour 
aging  our  foes  and  dispiriting  many  of  our  people.  The  Capital 
of  the  Confederate  States  is  now  threatened,  and  is  in  greater 
danger  than  it  has  heretofore  been  during  the  war.  The  fact  is 
stated  without  reserve  or  concealment,  as  due  to  the  people  whose 
servants  we  are,  and  in  whose  courage  and  constancy  entire  trust 
is  reposed ;  as  due  to  you,  in  whose  wisdom  and  resolute  spirit  the 
people  have  confided  for  the  adoption  of  the  measures  required  to 
guard  them  from  threatened  perils. 

While  stating  to  you  that  our  country  is  in  danger,  I  desire  also 
to  state  my  deliberate  conviction  that  it  is  within  our  power  to 
avert  the  calamities  which  menace  us,  and  to  secure  the  triumph 
of  the  sacred  cause  for  which  so  much  sacrifice  has  been  made,  so 
much  suffering  endured,  so  many  precious  lives  been  lost.  This 
result  is  to  be  obtained  by  fortitude,  by  courage,  by  constancy  in 
enduring  the  sacrifices  still  needed ;  in  a  word,  by  the  prompt  and 

*See  page  539. 


Second  Congress.  545 

resolute  devotion  of  the  whole  resources  of  men  and  money  in  the 
Confederacy  to  the  achievement  of  our  liberties  and  independence. 
The  measures  now  required,  to  be  successful,  should  be  prompt. 
Long  deliberation  and  protracted  debate  over  important  measures 
are  not  only  natural,  but  laudable  in  representative  assemblies  un 
der  ordinary  circumstances ;  but  in  moments  of  danger,  when  ac 
tion  becomes  urgent,  the  delay  thus  caused  is  itself  a  new  source  of 
peril.  Thus  it  has  unfortunately  happened  that  some  of  the  meas 
ures  passed  by  you  in  pursuance  of  the  recommendations  con 
tained  in  my  message*  of  November  last  have  been  so  retarded  as 
to  lose  much  of  their  value,  or  have,  for  the  same  reason,  been 
abandoned  after  being  matured,  because  no  longer  applicable  to 
our  altered  condition,  and  others  have  not  been  brought  under 
examination.  In  making  these  remarks  it  is  far  from  my  inten 
tion  to  attribute  the  loss  of  time  to  any  other  cause  than  those  in 
herent  in  deliberative  assemblies,  but  only  urgently  to  recommend 
prompt  action  upon  the  measures  now  submitted. 

We  need,  for  carrying  on  the  war  successfully,  men  and  sup 
plies  for  the  Army.  We  have  both  within  our  country  sufficient 
to  obtain  success.  To  obtain  the  supplies,  it  is  necessary  to  pro 
tect  productive  districts  and  guard  our  lines  of  communication  by 
an  increase  in  the  number  of  our  forces ;  and  hence  it  results  that, 
with  a  large  augmentation  in  the  number  of  men  in  the  Army,  the 
facility  of  supplying  the  troops  would  be  greater  than  with  our 
present  reduced  strength.  For  the  purchase  of  the  supplies  now 
required,  especially  for  the  armies  in  Virginia  and  North  Car 
olina,  the  Treasury  must  be  provided  with  means,  and  a  modifica 
tion  in  the  impressment  law  is  required.  It  has  been  ascertained 
by  examination  that  we  have  within  our  reach  a  sufficiency  of  what 
is  most  needed  for  the  Army,  without  having  recourse  to  the  ample 
provision  existing  in  those  parts  of  the  Confederacy  with  which 
our  communication  has  been  partially  interrupted  by  hostile  op 
erations.  But  in  some  districts  from  which  supplies  are  to  be 
drawn  the  inhabitants,  being  either  within  the  enemy's  lines  or  in 
very  close  proximity,  are  unable  to  make  use  of  Confederate 
Treasury  notes  for  the  purchase  of  articles  of  prime  necessity,  and 
it  is  necessary  that  to  some  extent  coin  be  paid  in  order  to  obtain 

*Page  482. 
35 


546  Messages  and  Papers  of  t lie  Confederacy. 

supplies.  It  is  therefore  recommended  that  Congress  devise  the 
means  for  making  available  the  coin  within  the  Confederacy  for 
the  purpose  of  supplying  the  Army.  The  officers  of  the  supply 
departments  report  that  with  $2,000,000  in  coin  the  armies  in  Vir 
ginia  and  North  Carolina  can  be  amply  supplied  for  the  remainder 
of  the  year,  and  the  knowledge  of  this  fact  should  suffice  to  in 
sure  the  adoption  of  the  measures  necessary  to  obtain  this  mod 
erate  sum. 

The  impressment  law  as  it  now  exists  prohibits  the  public  offi 
cers  from  impressing  supplies  without  making  payment  of  the 
valuation  at  the  time  of  impressment.  The  limit  fixed  for 
the  issue  of  Treasury  notes  has  been  nearly  reached,  and  the 
Treasury  cannot  always  furnish  the  funds  necessary  for  prompt 
payment;  while  the  law  for  raising  revenue,  which  would  have 
afforded  means  for  diminishing,  if  not  removing,  this  difficulty, 
was  unfortunately  delayed  for  several  months,  and  has  just  been 
signed.  In  this  condition  of  things  it  is  impossible  to  supply  the 
Army,  although  ample  stores  may  exist  in  the  country,  whenever 
the  owners  refuse  to  give  credit  to  the  public  officer.  It  is  neces 
sary  that  this  restriction  on  the  power  of  impressment  be  removed. 
The  power  is  admitted  to  be  objectionable,  liable  to  abuse,  and 
unequal  in  its  operations  on  individuals;  yet  all  these  objections 
must  yield  to  absolute  necessity.  It  is  also  suggested  that  the 
system  of  valuation  now  established  ought  to  be  radically  changed. 
The  legislation  requires  in  such  cases  of  impressment  that  the 
market  price  be  paid ;  but  there  is  really  no  market  price  in  many 
cases,  and  the  valuation  is  made  arbitrarily  and  in  a  depreciated 
currency.  The  result  is  that  the  most  extravagant  prices  are 
fixed,  such  as  no  one  expects  ever  to  be  paid  in  coin.  None  be 
lieve  that  the  Government  can  ever  redeem  in  coin  the  obligation 
to  pay  $50  a  bushel  for  corn,  or  $700  a  barrel  for  flour.  It  would 
seem  to  be  more  just  and  appropriate  to  estimate  the  supplies 
impressed  at  their  value  in  coin,  to  give  the  obligation  of  the 
Government  for  the  payment  of  the  price  in  coin  with  reasonable 
interest;  or,  at  the  option  of  the  creditor,  to  return  in  kind  the 
wheat  or  corn  impressed,  with  a  reasonable  interest  also  payable 
in  kind,  and  to  make  the  obligations  thus  issued  receivable  for  all 
payments  due  in  coin  to  the  Government.  Whatever  be  the  value 
attached  by  Congress  to  these  suggestions,  it  is  hoped  that  there 


Second  Congress.  547 

will  be  no  hesitation  in  so  changing  the  law  as  to  render  it  possible 
to  supply  the  Army  in  case  of  necessity  for  the  impressment  of 
provisions  for  that  purpose. 

The  measure  adopted  to  raise  revenue,  though  liberal  in  its  pro 
visions,  being  clearly  inadequate  to  meet  the  arrear  of  debt  and  the 
current  expenditure,  some  degree  of  embarrassment  in  the  man 
agement  of  the  finances  must  continue  to  be  felt.  It  is  to  be 
regretted,  I  think,  that  the  recommendation  of  the  Secretary  of 
the  Treasury  of  a  tax  on  agricultural  income  equal  to  the  aug 
mented  tax  on  other  incomes,  payable  in  Treasury  notes,  was  re 
jected  by  Congress.  This  tax  would  have  contributed  materially 
to  facilitate  the  purchase  of  provisions  and  diminish  the  necessity 
that  is  now  felt  for  a  supply  of  coin. 

The  measures  passed  by  Congress  during  the  session  for  re 
cruiting  the  Army  and  supplying  the  additional  force  needed  for 
the  public  defense  have  been,  in  my  judgment,  insufficient:  and  I 
am  impelled  by  a  profound  conviction  of  duty,  and  stimulated  by 
a  sense  of  the  perils  which  surround  our  country,  to  urge  upon 
you  additional  legislation  on  this  subject. 

The  bill  for  employing  negroes  as  soldiers  has  not  reached  me, 
though  the  printed  journals  of  your  proceedings  inform  me  of  its 
passage.  Much  benefit  is  anticipated  from  this  measure,  though 
far  less  than  would  have  resulted  from  its  adoption  at  an  earlier 
date,  so  as  to  afford  time  for  their  organization  and  instruction 
during  the  winter  months. 

The  bill  for  diminishing  the  number  of  exempts  has  just  been 
made  the  subject  of  a  special  message,*  and  its  provisions  are  such 
as  would  add  no  strength  to  the  Army.  The  recommendation  to 
abolish  all  class  exemptions  has  not  met  your  favor,  although  still 
deemed  by  me  a  valuable  and  important  measure  ;  and  the  number 
of  men  exempted  by  a  new  clause  in  the  act  just  passed  is  believed 
to  be  quite  equal  to  that  of  those  whose  exemption  is  revoked.  A 
law  of  a  few  lines  repealing  all  class  exemptions  would  not  only 
strengthen  the  forces  in  the  field,  but  be  still  more  beneficial  by 
abating  the  natural  discontent  and  jealousy  created  in  the  Army 
by  the  existence  of  classes  privileged  by  law  to  remain  in  places  of 

*Page  540. 


548  Messages  and  Papers  of  the  Confederacy. 

safety  while  their  fellow-citizens  are  exposed  in  the  trenches  and 
the  field. 

The  measure  most  needed,  however,  at  the  present  time  for 
affording  an  effective  increase  to  our  military  strength  is  a  gen 
eral  militia  law,  such  as  the  Constitution  authorizes  Congress  to 
pass,  by  granting  to  it  power  "to  provide  for  organizing,  arming, 
and  disciplining  the  militia,  and  for  governing  such  part  of  them 
as  may  be  employed  in  the  service  of  the  Confederate  States," 
and  the  further  power  "to  provide  for  calling  forth  the  militia  to 
execute  the  laws  of  the  Confederate  States,  suppress  insurrections, 
and  repel  invasions."  The  necessity  for  the  exercise  of  this  power 
can  never  exist  if  not  in  the  circumstances  which  now  surround  us. 

The  security  of  the  States  against  any  encroachment  by  the  Con 
federate  Government  is  amply  provided  by  the  Constitution  by 
"reserving  to  the  States,  respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress." 

A  law  is  needed  to  prescribe  not  only  how  and  of  what  persons 
the  militia  are  to  be  organized,  but  to  provide  the  mode  of  calling 
them  out.  If  instances  be  required  to  show  the  necessity  for  such 
general  law,  it  is  sufficient  to  mention  that  in  one  case  I  have  been 
informed  by  the  Governor  of  a  State  that  the  law  does  not  permit 
him  to  call  the  militia  from  one  county  for  service  in  another,  so 
that  a  single  brigade  of  the  enemy  could  traverse  the  State  and 
devastate  each  county  in  turn  without  any  power  on  the  part  of 
the  Executive  to  use  the  militia  for  effective  defense ;  while  in  an 
other  State  the  Executive  refused  to  allow  the  militia  "to  be  em 
ployed  in  the  service  of  the  Confederate  States"  in  the  absence 
of  a  law  for  that  purpose. 

I  have  heretofore,  in  a  confidential  message*  to  the  two  Houses, 
stated  the  facts  which  induced  me  to  consider  it  necessary  that 
the  privilege  of  the  writ  of  habeas  corpus  should  be  suspended. 
The  conviction  of  the  necessity  of  this  measure  has  become  deeper 
as  the  events  of  the  struggle  have  been  developed.  Congress  has 
not  concurred  with  me  in  this  opinion.  It  is  my  duty  to  say  that 
the  time  has  arrived  when  the  suspension  of  the  writ  is  not  simply 
advisable  and  expedient,  but  almost  indispensable  to  the  success- 

*Page  395;  see  also  page  498. 


Second  Congress,  549 

ful  conduct  of  the  war.  On  Congress  must  rest  the  responsibility 
of  declining  to  exercise  a  power  conferred  by  the  Constitution  as 
a  means  of  public  safety,  to  be  used  in  periods  of  national  peril 
resulting  from  foreign  invasion.  If  our  present  circumstances 
are  not  such  as  were  contemplated  when  this  power  was  con 
ferred,  I  confess  myself  at  a  loss  to  imagine  any  contingency  in 
which  this  clause  of  the  Constitution  will  not  remain  a  dead  letter. 

With  the  prompt  adoption  of  the  measures  above  recommended 
and  the  united  and  hearty  cooperation  of  Congress  and  the  peo 
ple  in  the  execution  of  the  laws  and  the  defense  of  the  country, 
we  may  enter  upon  the  present  campaign  with  cheerful  confidence 
in  the  result.  And  who  can  doubt  the  continued  existence  of  that 
spirit  and  fortitude  in  the  people,  and  of  that  constancy  under  re 
verses,  which  alone  are  needed  to  render  our  triumph  secure? 
What  other  resource  remains  available  but  the  undying,  uncon 
querable  resolve  to  be  free?  It  has  become  certain  beyond  all 
doubt  or  question  that  we  must  continue  this  struggle  to  a  suc 
cessful  issue,  or  must  make  abject  and  unconditional  submission 
to  such  terms  as  it  shall  please  the  conqueror  to  impose  on  us 
after  our  surrender.  If  a  possible  doubt  could  exist  after  the 
conference  between  our  Commissioners  and  Mr.  Lincoln,  as  re 
cently  reported*  to  you,  it  would  be  dispelled  bv  a  recent  occur 
rence  of  which  it  is  proper  that  you  should  be  informed. 

Congress  will  remember  that  in  the  conference  above  referred 
to  our  Commissioners  \vere  informed  that  the  Government  of  the 
United  States  would  not  enter  into  any  agreement  or  treaty  what 
ever  with  the  Confederate  States,  nor  with  any  single  State;  that 
the  only  possible  mode  of  obtaining  peace  was  by  laying  down 
our  arms,  disbanding  our  forces,  and  yielding  unconditional  obe 
dience  to  the  laws  of  the  United  States,  including  those  passed 
for  the  confiscation  of  our  property,  and  the  constitutional  amend 
ment  for  the  abolition  of  slavery.  It  will  be  further  remembered 
that  Mr.  Lincoln  declared  that  the  only  terms  on  which  hostilities 
could  cease  were  those  stated  in  his  message  of  December  last, 
in  which  we  were  informed  that  in  the  event  of  our  penitent  sub 
mission  he  would  temper  justice  with  mercy,  and  that  the  question 
whether  we  would  be  governed  as  dependent  territories  or  per- 

*Page  519. 


Messages  and  Papers  of  the  Confederacy. 

mitted  to  have  a  representation  in  their  Congress  was  one  on  which 
he  could  promise  nothing,  but  which  would  be  decided  by  their 
Congress  after  our  submission  had  been  accepted. 

It  has  not,  however,  been  hitherto  stated  to  you  that  in  the 
course  of  the  conference  at  Fortress  Monroe  a  suggestion  was 
made  by  one  of  our  Commissioners  that  the  objection  entertained 
by  Mr.  Lincoln  to  treating  with  the  Government  of  the  Confed 
eracy,  or  with  any  separate  State,  might  be  avoided  by  substituting 
for  the  usual  mode  of  negotiating  through  commissioners  or  other 
diplomatic  agents  the  method  sometimes  employed  of  a  military 
convention  to  be  entered  into  by  the  commanding  generals  of  the 
armies  of  the  two  belligerents.     This  he  admitted  was  a  power 
possessed  by  him,  though  it  was  not  thought  commensurate  with 
all-  the  questions  involved.     As  he  did  not  accept  the  suggestions 
when  made,  he  was  afterwards  requested  to  reconsider  his  conclu 
sion  upon  the  subject  of  a  suspension   of  hostilities,   which  he 
agreed  to  do,  but  said  that  he  had  maturely  considered  the  plan 
and  had  determined  that  it  could  not  be  done.     Subsequently,  how 
ever,  an  interview  with  General  Longstreet  was  asked  for  by  Gen 
eral  Ord,  commanding  the  enemy's  Army  of  the  James,  during 
which  General  Longstreet  v:as  informed  by  him  that  there  was  a 
possibility  of  arriving  at  a  satisfactory  adjustment  of  the  present 
unhappy  difficulties  by  means  of  a  military  convention,  and  that  if 
General  Lee  desired  an  interview  on  the  subject  it  would  not  be 
declined,  provided  General  Lee  had  authority  to  act.     This  com 
munication  was  supposed  to  be  the  consequence  of  the  suggestion 
above  referred  to,  and  General  Lee,  according  to  instructions, 
wrote  to  General  Grant  on  the  2d  of  this  month  proposing  to  meet 
him  for  conference  on  the  subject,  and  stating  that  he  was  vested 
with  the  requisite  authority.     General  Grant's  reply  stated  that  he 
had  no  authority  to  accede  to  the  proposed  conference ;  that  his 
power  extended  only  to  making  a  convention  on  subjects  purely  of 
a  military  character,  and  that  General  Ord  could  only  have  meant 
that  an  interview  would  not  be  refused  on  any  subject  on  which 
he   (General  Grant)  had  the  right  to  act.     It  thus  appears  that 
neither  with  the  Confederate  authorities  nor  the  authorities  of  any 
State,  nor  through  the  commanding  generals,  will  the  Government 
of  the  United  States  treat  or  make  any  terms  or  agreement  what 
ever  for  the  cessation  of  hostilities.     There  remains,  then,  for  us 


Second  Congress.  551 

no  choice  but  to  continue  the  contest  to  a  final  issue,  for  the  people 
of  the  Confederacy  can  be  but  little  known  to  him  who  supposes 
it  possible  that  they  would  ever  consent  to  purchase  at  the  cost  of 
degradation  and  slavery  permission  to  live  in  a  country  garrisoned 
by  their  own  negroes  and  governed  by  officers  sent  by  the  con 
queror  to  rule  over  them. 

Having  thus  fully  placed  before  you  the  information  requisite 
to  enable  you  to  judge  of  the  state  of  the  country,  the  dangers  to 
which  we  are  exposed,  and  the  measures  of  legislation  needed  for 
averting  them,  it  remains  for  me  but  to  invoke  your  attention  to  the 
consideration  of  those  means  by  which,  above  all  others,  we  may 
hope  to  escape  the  calamities  that  would  result  from  our  failure. 
Prominent  above  all  others  is  the  necessity  for  earnest  and  cordial 
cooperation  between  all  departments  of  government,  State  and 
Confederate,  and  all  eminent  citizens  throughout  the  Confederacy. 
To  you  especially,  as  Senators  and  Representatives,  do  the  people 
look  for  encouragement  and  counsel.  To  your  action,  not  only 
in  legislative  halls  but  in  your  homes,  will  their  eyes  be  turned 
for  the  example  of  what  is  befitting  men  who,  by  willing  sacrifices 
on  the  altar  of  freedom,  show  that  they  are  worthy  to  enjoy  its 
blessings.  I  feel  full  confidence  that  you  will  concur  with  me 
in  the  conviction  that  your  public  duties  will  not  be  ended  when 
you  shall  have  closed  the  legislative  labors  of  the  session,  but  that 
your  voice  will  be  heard  cheering  and  encouraging  the  people  to 
that  persistent  fortitude  which  they  have  hitherto  displayed,  and 
animating  them  by  the  manifestation  of  that  serene  confidence 
which  in  moments  of  public  danger  is  the  distinctive  characteristic 
of  the  patriot  who  derives  courage  from  his  devotion  to  his  coun 
try's  destiny  and  is  thus  enabled  to  inspire  the  like  courage  i*i 
others. 

Thus  united  in  a  common  and  holy  cause,  rising  above  all  selfish 
considerations,  rendering  all  our  means  and  faculties  tributary 
to  the  country's  welfare,  let  us  bow  submissively  to  the  Divine  will 
and  reverently  invoke  the  blessing  of  our  Heavenly  Father,  that, 
as  he  protected  and  guided  our  sires  when  struggling  in  a  similar 
cause,  so  he  will  enable  us  to  guard  safely  our  altars  and  our  fire 
sides  and  maintain  inviolate  the  political  rights  which  we  inher 
ited.  JEFFERSON  DAVIS. 


552  Messages  and  Papers  of  the  Confederacy. 

RICHMOND,  VA.,  March  13,  1865. 
To  the  House  of  Representatives. 

Herewith  I  transmit  a  letter  from  the  Secretary  of  War,  cover 
ing  several  communications  from  officers  of  the  Army  in  reference 
to  the  present  condition  of  the  country  as  connected  with  military 
defense,  and  especially  with  the  matter  of  supplies  for  the  Army. 
They  will  serve  to  elucidate  the  message*  this  day  transmitted  to 
you.  The  last  in  the  order  of  time  of  those  communications  was 
received  after  my  message  was  transmitted,  and  refers  to  a  con 
tingency  which,  if  it  should  occur,  must  seriously  affect  the  opin 
ions  which  I  then  expressed.  I  invite  your  special  attention  to  the 
papers  submitted.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  13,  1865. 
To  the  Senate  and  House  of  Representatives. 

I  herewith  transmit  for  your  information  copies  of  the  corre 
spondence  referred  to  in  my  message*  of  this  date,  in  regard  to  the 
proposed  conference  to  adjust  terms  of  peace  by  means  of  a  mil 
itary  convention.  JEFFERSON  DAVIS. 


RICHMOND,  VA.,  March  I3th,  1865. 
To  the  House  of  Representatives. 

In  response  to  your  resolution  of  23d  November  last,  I  here 
with  transmit  for  your  information  a  communication  from  the 
Secretary  of  War,  the  Attorney  General,  and  the  Postmaster  Gen 
eral,  relative  to  the  number,  ages,  etc.,  of  the  officers  and  em 
ployees  in  their  respective  Departments  on  duty  in  the  city  of 
Richmond. 

The  transmission  of  these  papers  has  been  delayed  in  order  that 
the  report  of  the  Secretary  of  the  Treasury  relative  to  the  number 
of  employees  in  his  Department,  which  was  included  in  your  call 
for  information,  might  accompany  them. 

That  report  has  not  yet  been  received,  but  I  have  decided  to 
withhold  the  present  communications  no  longer  on  that  account. 

JEFFERSON  DAVIS. 

*Page  544- 


Second  Congress.  553 

RICHMOND,  VA.,  March  14,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  herewith  transmit  for  your  information  a  communication  from 
the  Postmaster  General,  relative  to  the  removal  of  a  postmaster 
from  office.  JEFFERSON  DAVIS. 

« 

RICHMOND,  VA.,  March  14,  1865. 

To  the  House  of  Representatives. 

In  response  to  your  resolution  of  the  2cl  inst,  I  herewith  trans 
mit  for  your  information  communications  from  the  Secretary  of 
the  Navy  and  the  commissioner  for  the  exchange  of  prisoners, 
relative  to  the  trial  and  execution  of  John  Y.  Beall,  Acting  Master 
in  the  C.  S.  Navy,  by  the  authorities  of  the  United  States. 

JEFFERSON  DAVIS. 


VETO  MESSAGES. 

To  the  Senate  of  the  Confederate  States  of  America. 

T  feel  constrained  to  return  to  the  Senate,  without  my  approval, 
an  act  which  originated  in  your  honorable  body,  entitled,  "An  Act 
to  increase  the  number  of  acting  midshipmen  in  the  Navy,  and  to 
provide  the  mode  of  appointment." 

The  act  provides  that  the  additional  acting  midshipmen  "shall 
be  appointed  under  the  regulations  prescribed  by  the  Secretary  of 
the  Navy  as  follows :  One  from  each  Congressional  district,  upon 
the  recommendation  of  the  Representative  in  Congress ;  two  at 
large  from  each  State,  upon  the  recommendation  of  the  Senators 
thereof  respectively  ;  and  ten  at  large  by  the  President." 

The  Constitution,  in  the  2d  article,  2d  section,  2d  clause,  after 
giving  to  the  President  power  to  nominate,  and  by  and  with  the 
advice  and  consent  of  the  Senate  to  appoint  all  officers  of  the 
Confederate  States  whose  appointments  are  not  otherwise  pro 
vided  for,  adds :  "But  the  Congress  may  by  law  vest  the  appoint 
ment  of  such  inferior  officers  as  they  think  proper  in  the  Presi 
dent  alone,  in  the  courts  of  law,  or  in  the  Heads  of  Departments." 

The  framers  of  the  Constitution,  in  defining  the  powers  of  the 
several  Departments  of  the  Government,  took  care  to  designate  the 
particular  class  of  offices  which  the  two  Houses  of  Congress  may 


554  Messages  and  Papers  of  the  Confederacy. 

fill,  and  thus  excluded  the  idea  of  power  to  make  selections  for 
any  others. 

By  the  fifth  clause  of  article  ist,  section  2,  the  special  power  is 
given  to  the  House  of  Representatives  "to  choose  their  Speaker 
and  other  officers,"  the  word  "their"  being  applicable  not  only  to 
the  Speaker,  but  to  the  "oth^r  officers." 

By  the  act  now  before  me,  however,  the  two  Houses  empower 
their  respective  members  to  "choose"  officers  that  are  not  "their 
officers,"  but  officers  of  the  Executive  Department  of  the  Govern 
ment.  The  language  is  not  susceptible  of  any  other  meaning. 
The  acting  midshipmen  "shall  be  appointed  upon  the  recommenda 
tion"  of  the  Representatives  or  Senators,  as  the  case  may  be. 

But  the  Constitution,  by  granting  to  Congress  no  other  power 
over  officers  created  by  law  than  that  of  vesting  the  appointment 
"in  the  President  alone,  in  the  courts  of  law,  or  in  the  Heads  of 
Departments,"  thus  withholds  from  that  branch  of  the  Govern 
ment  any  participation  in  such  appointments.  But  it  may  be  re 
marked  that  this  act  gives  the  power  of  making  the  proposed  ap 
pointments  not  to  Congress  as  a  body,  but  to  the  individual  mem 
bers  of  the  two  Houses,  and  that  it  is  thus  in  conflict  with  the 
spirit  and  intent  of  the  ist  clause  of  the  6th  section  of  the  ist 
article  of  the  Constitution,  which  enumerates  the  privileges  ac 
corded  to  Representatives  and  Senators  individually.  These  priv 
ileges  are  carefully  restricted  to  such  as  are  necessary  to  enable 
them  to  discharge  their  duties  as  legislators.  All  other  rights, 
powers,  and  privileges  granted  to  Congress  by  the  Constitution 
are  conferred  on  the  body  collectively,  or  on  one  of  the  two 
Houses. 

The  power  to  make  selections  for  appointment  to  office  is  no 
where  accorded  in  that  instrument  to  the  Senators  and  Representa 
tives  individually;  and  it  is  believed  to  be  an  unquestioned  prin 
ciple  of  constitutional  law  that  no  legislation  can  add  to  the  power 
vested  by  the  Constitution  in  any  member  of  any  one  of  the 
three  Departments  of  Government. 

The  power  of  Congress  to  vest  by  law  the  appointment  of  in 
ferior  officers  in  the  President  alone  or  in  the  Heads  of  Depart 
ments  would  seem  to  include  a  power  to  restrict,  limit,  or  partial!} 
confer  the  authority,  or  to  divide  it  between  several  Departments, 
provided  they  be  those  which  mav  constitutionally  exercise  the 


Second  Congress.  555 

function.  But,  if  the  view  of  the  Constitution  which  has  been 
presented  be  correct,  it  is  clear  that  the  Congress  cannot  vest  in 
'itself  any  right  to  a  participation  in  the  selection  of  officers  of  any 
class  save  those  of  the  two  Houses.  The  language  of  the  act  or 
ganizing  the  Navy  is  sometimes  cited  to  support  the  opinion  that 
acting  midshipmen  are  not  officers,  but  employees.  In  the  first 
section  of  that  act,  the  President  is  authorized  to  appoint  certain 
commissioned  officers,  and  to  "employ  as  many  masters,  midship 
men,  engineers,  naval  constructors,  boatswains,  gunners,  carpen 
ters,  sailmakers,  and  other  warrant  and  petty  officers  and  seamen 
as  he  may  deem  necessary,"  &c. 

If  it  were  conceded  that  acting  midshipmen  are  not  officers,  the 
bill  would  not  on  that  account  be  the  less  liable,  in  my  judgment, 
to  the  objections  above  set  forth  ;  for  it  is  as  little  in  accordance 
with  the  letter  and  the  spirit  of  the  Constitution  for  the  members 
of  Congress  to  participate  in  choosing  employees  as  in  choosing 
officers  for  the  Executive  or  Judicial  Departments.  It  is  repug 
nant  to  the  whole  theory  of  our  republican  institutions,  which  are 
based  on  the  fundamental  idea  of  independent  and  distinct  func 
tions  in  each  of  the  Departments  of  Government,  the  Legislative, 
Executive,  and  Judicial  ;  and  evil  consequences  must  result  from 
any  departure  from  this  principle. 

But  in  no  just  sense  can  it  be  maintained  that  an  acting  midship 
man  is  not  an  officer  of  the  Xavy.  The  very  clause  in  the  law 
just  referred  to  implies  that  he  is  a  "warrant  officer ;"  but  if  there 
be  doubt  as  to  this,  the  question  is  decided  by  the  3rd  section  of 
the  act  of  2ist  April,  1862,  which  declares  that  "the  warrant  offi 
cers  shall  be  as  follows:  Twenty  passed  midshipmen,  one  hundred 
and  six  acting  midshipmen."  &c.,  &c.  The  commissioned  officer 
is  appointed  by  and  with  the  advice  and  consent  of  the  Senate ; 
the  next  grade,  the  warrant  officer,  belongs  to  that  class  of  in 
ferior  officers  which  according  to  the  Constitution  may  be  estab 
lished  by  law,  and  appointed  by  the  President  alone,  or  the  Head 
of  a  Department. 

The  midshipman  is  of  this  class.  I  lis  appointment  is  authorized 
by  law,  and  his  promotion  provided  for  by  regulations.  He  can 
not  be  discharged  or  dismissed  from  service  at  the  pleasure  of  his 
commander,  nor  without  delinquency  on  his  part,  as  a  mere  em 
ployee  for  temporary  service.  His  name  is  placed  in  the  Navy 


556          Messages  and  Papers  of  the  Confederacy. 

Register,  and  the  proper  record  kept  of  his  entry  into  service,  to 
determine  his  rank ;  and  in  all  relations  to  officers  and  seamen  he 
is  entitled  to  be,  and  is,  actually  treated  as  an  officer  of  the  Navy. 

The  bill  is  returned  in  no  spirit  of  unwillingness  to  receive  the 
advice  and  recommendations  of  members  of  Congress,  which  are 
recognized  to  be  entitled  to  special  consideration,  but  from  a  sense 
of  duty  to  constitutional  obligations.  JEFFERSON  DAVIS. 

23d  January,  1865. 


RICHMOND,  VA.,  January  25,  1865. 
To  the  Senate  of  the  Confederate  States  of  America. 

I  return  to  your  honorable  body  without  my  approval  an  act 
which  originated  in  the  Senate,  entitled  "An  Act  to  authorize 
newspapers  to  be  mailed  to  the  soldiers  free  of  postage." 

The  act  provides  "that  all  newspapers  directed  to  any  officer, 
musician,  or  private  engaged  in  the  actual  service  of  the  Confed 
erate  States  may  be  transmitted  through  the  mails  free  of  post 
age." 

The  Constitution,  article  i,  section  8,  clause  7,  gives  power  to 
Congress  "to  establish  post  offices  and  post  routes;  but  the  ex 
penses  of  the  Post  Office  Department  after  the  1st  day  of  March, 
in  the  year  of  our  Lord  1863,  shall  be  paid  out  of  its  own  rev 
enues." 

This  provision  that  the  Post  Office  Department  shall  be  self-sus 
taining  was  not  contained  in  the  Constitution  of  our  former  Gov 
ernment.  It  is  important  that  its  spirit  and  object  should  be  cor 
rectly  determined  now,  because  many  members  of  the  present 
Congress  were  also  members  of  the  Provisional  Congress,  which 
adopted  this  new  clause,  and  legislation  by  them  will  be  deemed 
hereafter  to  possess  peculiar  value  as  a  precedent,  and  as  a  contem 
poraneous  interpretation  of  the  Constitution  by  those  best  ac 
quainted  with  its  meaning. 

It  was  generally  understood  that  the  clause  under  consideration 
was  intended  by  its  framers  to  correct  what  were  deemed  to  be 
two  great  vices  that  had  been  developed  in  the  postal  system  of 
the  United  States.  The  first  was  the  injustice  of  taxing  the  whole 
people  for  the  expense  of  the  mail  facilities  afforded  to  individuals ; 
and  the  remedy  devised  was  to  limit  the  Government  to  the  fur- 


Second  Congress.  557 

nishing  of  machinery  for  carrying  the  mails  and  compelling  those 
who  might  use  the  facilities  thus  furnished  to  pay  the  expense 
thereof. 

The  second  evil  against  which  this  clause  was  intended  as  a 
safeguard  was  the  wasteful  extravagance  which  grew  out  of  the 
franking  privilege,  with  its  attendant  abuses  of  large  contracts  for 
stationery,  printing,  binding,  &c.,  and  increased  Government  pat 
ronage  with  its  train  of  corrupting  influences. 

With  this  knowledge  of  the  purpose  of  the  framers  of  the  Con 
stitution,  and  of  the  evils  against  which  they  intended  to  provide 
by  the  clause  under  consideration,  I  cannot  escape  the  conclusion 
that  to  authorize  the  transmission  of  any  mail  matter  free  of 
postage  is  to  violate  the  true  intent  and  meaning  of  the  Constitu 
tion. 

If  the  act  now  before  me  should  become  a  law,  the  Postmaster 
General  would  be  bound  to  pay  railroads  and  other  carriers  for 
conveying  newspapers  to  the  armies  without  reimbursement  from 
any  source  whatever.  He  could  not  be  repaid  out  of  the  general 
Treasury  without  a  violation  of  the  letter  of  the  Constitution,  nor 
out  of  the  other  revenues  of  his  Department  without  in  effect 
imposing  on  those  who  pay  for  carrying  their  own  correspondence 
an  additional  charge  to  defray  the  cost  of  conveying  newspapers 
for  others. 

If  it  be  competent  for  Congress  under  the  clause  to  order  news 
papers  to  be  carried  free  of  postage,  the  power  exists  to  order  free 
transmission  of  any  other  mail  matter.  But  we  must  ever  remem 
ber  that  Congress  can  exercise  no  implied  powers — certainly  none 
not  necessary  to  carry  into  effect  the  powers  expressly  granted; 
and  where  shall  wre  find  in  the  Constitution  any  power  in  the 
Confederate  Government,  expressed  or  implied,  for  dividing  either 
the  people  or  the  public  servants  into  classes  unequally  burdened 
with  postal  charges  ? 

In  that  part  of  the  Constitution  which  specially  treats  of  the 
burden  of  taxation,  every  precaution  has  been  taken  to  secure  uni 
formity  and  to  guard  against  bounties  or  preferences  of  any  kind ; 
and  although  not  directly  applicable  to  the  subject  of  postage,  the 
spirit  of  the  whole  provision  is  so  opposed  to  inequality  in  legisla 
tion  that  the  passage  may  well  serve  for  illustration.  The  first 
clause  of  article  r,  section  8,  gives  to  Congress  power  "to  lay 


558  Messages  and  Papers  of  the  Confederacy. 

and  collect  taxes,  duties,  imposts,  and  excises  for  revenue  neces 
sary  to  pay  the  debts,  provide  for  the  common  defense,  and  carry 
on  the  Government  of  the  Confederate  States;  but  no  bounties 
shall  be  granted  from  the  Treasury ;  nor  shall  any  duties  or  taxes 
on  importations  from  foreign  nations  be  laid  to  promote  or  foster 
any  branch  of  industry ;  and  all  duties,  imposts,  and  excises  shall 
be  uniform  throughout  the  Confederate  States."  It  is  true  that 
the  payment  of  postage  is  not  properly  a  tax,  but  compensation 
for  service  rendered;  yet  it  would  scarcely  be  ingenuous  to  deny 
that  so  to  regulate  the  rates  of  postage  as  to  produce  an  excess  of 
receipts  over  the  expense  of  carrying  mail  matter  for  one  class  and 
to  use  this  excess  in  order  to  carry  free  of  cost  the  mail  matter  of 
another  class  would  strongly  conflict  with  the  just  equality  of  priv 
ileges  and  burdens  which  the  above-cited  clauses  were  designed  to- 
secure. 

I  regret  to  be  compelled  to  object  to  a  measure  devised  by  Con 
gress  for  the  benefit  or  relief  of  the  Army,  but  with  my  convictions 
on  the  subject  it  is  not  possible  to  approve  the  act  now  before  me. 

JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  9,  1865. 
To  the  Senate  of  the  Confederate  States. 

I  feel  constrained  to  return  the  bill  "To  provide  for  the  promo 
tion  of  officers  in  certain  cases"  to  the  Senate,  in  which  it  orig 
inated,  with  a  statement  of  the  objections  which  have  led  me  to 
withhold  from  it  my  signature. 

The  Constitution  provides,  in  paragraph  2,  section  2,  article  2, 
that  the  President  "shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,"  to  appoint  officers  of  the  Confederate 
States  not  otherwise  provided  for,  "but  the  Congress  may,  by  law, 
vest  the  appointment  of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  Heads  of  De 
partments." 

In  the  bill  under  consideration  it  is  declared  that  "it  shall  be 
competent  to  the  commanding  general  in  the  field,  or  the  Secretary 
of  War,  to  order  the  promotions  to  be  made  of  the  officers  next 
in  grade,'  &c. 

This  seems  to  me  to  confer  a  power  of  appointment  on  com 
manding  generals  not  warranted  by  the  Constitution. 


Second  Congress 


559 


It  may  be  further  remarked  that  the  power  conferred  upon  the 
Secretary  of  War  will  be  ineffectual  except  in  the  case  where  the 
officer  next  in  rank  is  qualified  to  fill  the  temporary  vacancy,  a 
case  in  which  the  power  would  be  least  necessary  in  order  to  pro 
vide  for  the  time  being  a  competent  commander. 

JEFFERSON  DAVIS. 


RICHMOND,  Y.\.,  March  n,  1865. 
To  the  Senate  of  the  Confederate    States  of  America. 

The  act  entitled  "An  Act  to  abolish  the  office  of  certain  quarter 
masters  and  assistant  quartermasters,  commissaries  and  assistant 
commissaries,  and  to  provide  for  the  appointment  of  bonded  agents 
in  said  departments,"  which  originated  in  your  honorable  body,  is 
herewith  returned  without  my  approval,  and  with  a  statement  of 
the  objections  which  have  prevented  my  signing  it. 

The  act  abolishes  the  office  of  all  quartermasters,  assistant  quar 
termasters,  commissaries,  and  assistant  commissaries  at  posts  and 
depots,  and  of  those  engaged  in  purchasing  and  impressing  sup 
plies,  except  such  as  are  above  the  age  of  forty-five  years,  or  have 
been  disabled  in  service  or  declared  unfit  for  duty  in  the  field.  It 
requires  those  officers  to  be  dropped  from  service  (one-fourth  in 
two  months,  one-fourth  in  four  months,  one-fourth  in  six  months, 
and  one-fourth  within  two  years),  and  directs  that  their  places  be 
supplied  by  bonded  agents,  who  are  to  be  persons  above  the  age  of 
forty-five  years  or  disabled  in  service,  or  unfit  for  duty  in  the  field  ; 
and  it  revokes  all  details  and  repeals  all  authority  to  grant  details 
of  persons  between  the  ages  of  eighteen  and  forty-five  years  for 
duty  in  the  Quartermaster's  and  Commissary  Departments,  except 
skilled  artisans  and  mechanics  permanently  employed,  or  persons 
disabled  or  unfit  for  duty  in  the  field. 

The  object  plainly  intended  by  this  act  is  one  which  meets  my 
hearty  concurrence  and  approval.  Its  obvious  purpose  is  to 
strengthen  the  Army  by  placing  in  the  ranks  persons  fit  for  active 
service,  and  whose  places  can  be  supplied  by  others  unable  to  do 
duty  in  the  field.  On  reference  of  the  subject,  however,  to  the 
Secretary  of  War,  it  has  been  found  that  this  act  could  not  be 
executed  without  seriously  impairing  our  ability  to  supply  the 
armies  in  the  field  during  the  approaching  campaign,  and  that  its 


560  Messages  and  Papers  of  the  Confederacy. 

operation  would  be  to  drop  officers  who  have  been  carefully  se 
lected  by  reason  of  their  superior  capacity  and  qualifications,  while 
retaining  others  of  inferior  merit  and  value. 

The  difficulty  of  furnishing  supplies  to  the  Army,  owing  to  em 
barrassments  in  transportation,  is  greater  now  than  it  has  been 
at  any  previous  period  of  the  war.  This  difficulty  has  prompted 
the  selection  for  that  duty  of  the  best  and  most  active  and  compe 
tent  officers  in  the  Quartermaster's  and  Commissary  Departments, 
and  such  officers  have  within  the  last  six  months  been  in  many 
instances  withdrawn  from  the  armies  where  their  services  were 
less  important,  and  assigned  to  duty  in  purchasing,  collecting,  and 
forwarding  supplies.  This  fact  was,  I  feel  confident,  not  known  to 
Congress  when  the  act  was  passed;  and  it  could  not  have  been 
intended  to  drop  from  service  officers  of  special  merit  and  retain 
others  of  inferior  value.  I  am  also  satisfied,  from  the  report  made 
to  me  by  the  Secretary  of  War,  that  the  number  of  officers  who 
would  be  dropped  under  the  provisions  of  this  law  is  far  less  than 
is  supposed ;  that  their  value  as  soldiers  in  the  ranks  would  in  no 
manner  compensate  for  the  loss  of  their  services  in  their  present 
positions.  The  total  number  of  post  and  purchasing  commissaries 
in  the  States  east  of  the  Mississippi  River  is  but  212,  of  whom 
many  are  either  over  forty-five  years  of  age,  or  otherwise  exempt 
from  the  operations  of  the  proposed  law.  The  total  number  of 
quartermasters  collecting  taxes  in  kind  is  96,  and  on  post  duty 
223,  including  officers  in  charge  of  manufactories  of  clothing, 
shoes,  harness,  wagons,  ambulances,  &c.  A  number  of  them  are 
over  forty-five  years  of  age,  others  would  not  be  embraced  by  the 
terms  of  the  act,  others  still  have  special  qualifications  for  the 
superintendence  of  the  important  manufactures  confided  to  their 
care. 

Taken  altogether,  it  is  doubted  whether  the  officers  who  would 
be  dropped  under  the  provisions  of  the  bill  would  exceed  200  in 
number,  of  whom  50  would  go  into  the  ranks  in  two  months,  50  in 
four  months,  and  50  more  in  six  months.  This  scarcely  appre 
ciable  addition  to  the  force  in  the  field  would  be  dearly  bought  at 
the  sacrifice  of  efficiency  in  the  two  branches  of  service  on  which 
the  very  existence  of  the  Army  depends.  The  terms  of  the  act 
exempt  from  its  operation  those  now  on  duty  in  the  field,  so  that 
if  it  becomes  a  law  it  would  not  even  be  possible  to  avert  the  loss 


Second  Congress.  561 

of  the  best  officers  by  returning  them  to  duty  in  the  field,  and 
dropping  others  of  inferior  merit.  The  Secretary  of  War  is  left 
without  discretion  or  choice  in  the  matter. 

The  heads  of  the  two  branches  of  service  affected  by  this  act 
apprehend  great  embarrassment  to  their  respective  departments  if 
it  becomes  a  law.  The  machinery  now  organized  would  be  im 
paired  in  its  workings  everywhere,  and  in  some  instances  posi 
tively  interrupted  just  at  the  opening  of  the  most  important  cam 
paign.  Valuable  and  experienced  officers  would  be  withdrawn 
from  service.  Chief  commissaries  long  accustomed  to  control  op7 
erations  in  an  entire  State,  quartermasters  thoroughly  informed 
as  to  the  resources  of  their  respective  fields  of  duty,  would  at 
short  intervals  be  dropped,  and  the  heads  of  these  bureaus  would 
be  embarrassed  with  the  difficult  duty  in  the  midst  of  an  active 
campaign  of  supplying  the  places  with  inexperienced  and  untried 
successors. 

The  representations  made  to  me  on  the  subjects  embraced  in  this 
act  by  those  under  whose  immediate  superintendence  its  provi 
sions  would  be  executed,  together  with  my  own  daily  experience  of 
the  difficulties  attendant  on  the  efficient  discharge  of  the  duties  of 
these  two  indispensable  branches  of  the  service,  have  created  ap 
prehensions  of  injurious  effects  from  the  passage  of  the  act  too 
serious  to  permit  my  approving  it.  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  March  17,  1865. 
To  the  House  of  Representatives  of  the  Confederate  States  of  America. 

I  return  without  my  approval  an  act  which  originated  in  your 
honorable  body,  entitled  "An  Act  to  provide  for  the  payment  of 
arrears  now  due  to  the  Army  and  Xavy." 

I  have  been  led  to  believe  that  this  act  was  passed  in  haste  and 
without  due  consideration,  and  that  some  members  who  voted  for 
it  desire  an  opportunity  for  reconsidering  their  action. 

The  act  provides  for  additional  issue  of  Treasury  notes  to  an 
amount  not  exceeding  $80,000,000,  to  be  used  in  payment  of  all 
arrears  of  pay  and  allowances  due  to  persons  in  the  military  and 
naval  service  of  the  Confederate  States;  these  notes  "to  be  re 
garded  in  all  respects  as  Treasury  notes  issued  by  virtue  of  the  act 
to  reduce  the  currency  and  authorize  a  new  issue  of  notes  and 
bonds,  approved  February  17,  1864." 

36 


562  Messages  and  Papers  of  the  Confederacy. 

The  objections  to  this  legislation  are,  in  my  judgment,  manifold 
and  grave. 

First.  The  act  of  February  17,  1864,  levied  a  tax  on  the  Treas 
ury  notes  then  outstanding  far  exceeding  that  levied  on  any  other 
species  of  property,  and  which  could  be  justified  only  by  the  con 
sideration  that  the  additional  contribution  thus  exacted  from  the 
holders  of  these  public  credits  would  be  compensated  in  whole  or 
in  part  by  the  increased  value  of  the  new  currency  which  was  is 
sued  for  the  old  at  the  rate  of  $2  of  the  former  for  $3  of  the 
latter.  The  act  revoked  all  authority  theretofore  given  to  issue 
Treasury  notes,  and  it  was  generally  if  not  universally  considered 
that  the  provisions  of  that  law  constituted  an  implied  pledge  of  the 
faith  of  the  Government  that  no  further  issues  of  notes  should  be 
made  than  those  therein  provided  for.  It  would  be  scarcely  con 
sistent  to  take  from  the  holder  one-third  of  the  nominal  amount  of 
the  currency  in  hand  for  the  purpose  of  reducing  the  currency 
as  set  forth  in  the  title  of  the  law;  to  unite  with  this  exaction  a 
previous  authority  to  issue  notes,  and  afterwards  to  provide  for 
an  expansion  of  the  currency  in  opposition  to  the  principles  of  the 
act  of  February  17,  1864,  to  the  evident  detriment  of  the  holders 
of  the  currency  under  that  act. 

Second.  Independently  of  the  objection  just  stated,  the  effect  of 
a  new  issue  of  Treasury  notes  would  be  disastrous.  The  passage 
of  the  law  would  be  accepted  as  proof  that  there  is  no  limit  to  the 
issue  of  Treasury  notes  except  the  pleasure  of  the  Government, 
and  the  people  will  be  persuaded  that  whenever  an  emergency 
arises  it  will  be  met  by  additional  issues  of  paper  money.  Such  a 
conviction,  once  rooted  in  the  popular  mind,  could  not  be  erad 
icated,  and  the  depreciation  of  the  notes  in  circulation  would  in 
crease  so  rapidly  as  effectually  to  destroy  the  whole  value  of  what 
is  outstanding  and  leave  the  country  without  a  circulation  and 
the  Government  without  credit. 

Third.  The  bill,  although  intended  by  Congress  for  the  benefit  of 
the  Army,  to  which  we  all  acknowledge  the  most  sacred  obliga 
tions  of  justice  and  gratitude,  would  have»an  effect  the  reverse  of 
that  designed.  It  would  despoil  the  soldier,  instead  of  paying  him. 
If  money  be  raised  by  taxation  for  paying  arrears  due  the  Army, 
the  demand  thus  created  for  the  notes  enhances  the  value  and 
enables  the  public  creditor  who  receives  them  to  make  them  avail- 


Second  Congress.  563 

able  for  the  purchase  of  what  he  needs.  If,  on  the  contrary,  the 
soldier  is  to  have  his  claim  extinguished  by  the  simple  process  of 
printing  more  paper  money,  and  thus  diminishing  its  value  below 
even  its  present  depreciation,  his  claims  for  his  arrears  of  pay 
will  have  been  practically  repudiated  instead  of  being  paid.  Jus 
tice  to  the  soldier  prompted  Congress  to  pass  this  bill.  The 
same  motive  induces  me  to  withhold  my  approval  of  it ;  and  if  my 
objections  shall  appear  to  you  well  founded,  when  your  attention 
is  drawn  to  the  supposed  consequences  that  would  result  from 
this  legislation,  I  am  persuaded  that  you  will  concur  in  my  opin 
ion  that  it  ought  not  to  be  adopted. 

Fourth.  There  is  a  mechanical  difficulty  in  the  execution  of  the 
law  of  which  Congress  was  not  aware,  and  which  under  any  cir 
cumstances  would  render  the  bill  unavailing  for  its  intended  pur 
pose  of  prompt  payment  of  the  arrears  due  the  Army. 

The  removal  of  the  Treasury  Note  Bureau  from  Columbia,  the 
time  required  for  reestablishing  it  with  its  machinery  at  another 
locality  and  for  preparing  Treasury  notes  for  the  $50,000,000  or 
$60,000,000  remaining  for  issue  under  existing  laws,  together  with 
other  causes  which  it  is  unwise  to  relate,  would  prevent  the  issue 
of  the  notes  provided  for  in  this  bill  for  at  least  three  months  to 
come. 

It  is  gratifying  to  assure  you  of  my  belief  that  the  receipts  from 
the  tax  bill  just  passed,  together  with  other  resources  within  reach 
of  the  Treasury,  will  enable  the  Government  to  pay  the  arrears 
due  to  the  Army  and  Xavy  sooner  than  the  additional  notes  con 
templated  by  the  bill  could  be  issued,  and  that  the  proposed  in 
crease  of  currency  can  thus  be  avoided  without  causing  delay  in 
satisfying  the  just  claims  of  the  defenders  of  our  country. 

JEFFERSON  DAVIS. 

PROCLAMATIONS. 

General  Orders  No.  89. 

HEADQUARTERS  TRANS-MISSISSIPPI  DEPARTMENT, 

SHREVEPORT,  LA.,  November  24,   1864. 

The  following  proclamation  of  the  President  is  republished  for 
information  in  this  Department: 


564  Messages  and  Papers  of  the  Confederacy.  j 

A  PROCLAMATION. 

It  is  meet  that  the  people  of  the  Confederate  States  should,  from 
time  to  time,  assemble  to  acknowledge  their  dependence  on  Al 
mighty  God,  to  render  devout  thanks  to  his  holy  name,  to  bend 
in  prayer  at  his  footstool,  and  to  accept,  with  fervent  submission, 
the  chastening  of  his  all-wise  and  all-merciful  providence. 

Let  us,  then,  in  temples  and  in  the  field,  unite  our  voices  in  rec 
ognizing,  with  adoring  gratitude,  the  manifestations  of  his  pro 
tecting  care  in  the  many  signal  victories  with  which  our  arms  have 
been  crowned;  in  the  fruitfulness  with  which  our  land  has  been 
blessed,  and  in  the  unimpaired  energy  and  fortitude  with  which  he 
has  inspired  our  hearts  and  strengthened  our  arms  in  resistance 
to  the  iniquitous  designs  of  our  enemies. 

And  let  us  not  forget  that,  while  graciously  vouchsafing  to  us 
his  protection,  our  sins  have  merited  and  received  grievous  chas 
tisement  ;  that  many  of  our  best  and  bravest  have  fallen  in  battle ; 
that  many  others  are  still  held  in  foreign  prisons ;  that  large  dis 
tricts  of  our  country  have  been  devastated  with  savage  ferocity, 
the  peaceful  homes  destroyed,  and  helpless  women  and  children 
driven  away  in  destitution ;  and  that  with  fiendish  malignity  the 
passions  of  a  servile  race  have  been  excited  by  our  foes  into  the 
commission  of  atrocities  from  which  death  is  a  welcome  escape. 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confed 
erate  States  of  America,  do  issue  this  my  proclamation,  setting 
apart  Wednesday,  the  i6th  day  of  November  next,  as  a  day  to  be 
specially  devoted  to  the  worship  of  Almighty  God;  and  I  do  in 
vite  and  invoke  all  the  people  of  these  Confederate  States  to 
assemble  on  the  day  aforesaid,  in  their  respective  places  of  public 
worship,  there  to  unite  in  prayer  to  our  Heavenly  Father  that  he 
bestow  his  favor  upon  us;  that  he  extend  over  us  the  protection 
of  his  almighty  arm;  that  he  sanctify  his  chastisement  to  our 
improvement,  so  that  we  may  turn  away  from  evil  paths  and  walk 
righteously  in  his  sight;  and  that  he  may  restore  peace  to  our 
beloved  country,  healing  its  bleeding  wounds,  and  securing  to  us 
the  continued  enjoyment  of  our  own  right  to  self-government  and 
independence,  and  that  he  will  graciously  liearken  to  us  while  we 
ascribe  to  him  the  power  and  glory  of  our  independence. 


Second  Congress.  565 

Given  under  my  hand  and  the  seal  of  the  Confederate  States  at 
Richmond,  this  26th  day  of  October,  in  the  year  of  our  Lord  1864. 

JEFFERSON  DAVIS. 
By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 

The  foregoing  proclamation,  owing  to  the  irregularity  of  communi 
cation  with  the  seat  of  Government,  was  not  received  until  too  late 
for  the  general  observance  of  the  day  appointed.  The  commanding 
general  therefore  directs  that  the  i6th  day  of  December  next  be 
set  apart  for  the  object  specified;  that  on  that  day  all  Government  work 
shops  be  closed  and  labor  suspended,  and  that,  as  far  as  practicable,  all 
military  duties  cease.  The  troops  are  recommended  to  assemble  at  their 
respective  places  of  worship,  and  the  citizens  of  the  Department  invited 
to  unite  in  the  religious  observance  of  the  day. 

By  command  of  General  E.  Kirby  Smith. 

S.  S.  ANDDRSON,  Assistant  Adjutant  General. 


BY  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

Whereas,  It  has  been  made  known  to  me  that  Bennett  G.  Burley, 
an  Acting  Master  in  the  Navy  of  the  Confederate  States,  is  now 
under  arrest  in  one  of  the  British  North  American  Provinces  on  an 
application  made  by  the  Government  of  the  United  States  for  the 
delivery  to  that  Government  of  the  said  Bennett  G.  Burley,  under 
the  treaty  known  as  the  Extradition  Treaty,  now  in  force  between 
the  United  States  and  Great  Britain  ; 

And  whereas,  it  has  been  represented  to  me  that  the  said  de 
mand  for  the  extradition  of  said  Bennett  G.  Burley  is  based  on  the 
charge  that  the  said  Burley  is  a  fugitive  from  justice,  accused  of 
having  committed  the  crimes  of  robbery  and  piracy  within  the 
jurisdiction  of  the  United  States; 

And  whereas,  it  has  further  been  made  known  to  me  that  the 
accusations  and  charges  made  against  the  said  Bennett  G.  Burley 
are  based  solely  on  the  acts  and  conduct  of  said  Burley  in  an 
enterprise  or  expedition  made  or  attempted  in  the  month  of  Sep 
tember  last  ( 1864)  for  the  capture  of  the  steamer  "Michigan,"  an 
armed  vessel  of  the  United  States,  navigating  the  Lakes  on  the 
boundary  line  between  the  United  .States  and  the  said  British 


566  Messages  and  Papers  of  the  Confederacy. 

North  American  Provinces,  and  for  the  release  of  numerous  citi 
zens  of  the  Confederate  States,  held  as  prisoners  of  war  by  the 
United  States,  at  a  certain  island  called  Johnson's  Island ; 

And  whereas,  the  said  enterprise  or  expedition  for  the  capture 
of  said  armed  steamer  "Michigan"  and  for  the  release  of  the  said 
prisoners  on  Johnson's  Island  was  a  proper  and  legitimate  bellig 
erent  operation,  undertaken  during  the  pending  public  war  be 
tween  the  two  Confederacies  known  respectively  as  the  Confed 
erate  States  of  America  and  the  United  States  of  America ;  which 
operation  was  ordered,  directed,  and  sustained  by  the  authority  of 
the  Government  of  the  Confederate  States,  and  confided  to  its  com 
missioned  officers  for  execution,  among  which  officers  is  the  said 
Bennett  G.  Burley : 

Now,  therefore,  I,  Jefferson  Davis,  President  of  the  Confederate 
States  of  America,  do  hereby  declare  and  make  known  to  all  whom 
it  may  concern,  that  the  expedition  aforesaid,  undertaken  in  the 
month  of  September  last,  for  the  capture  of  the  armed  steamer 
"Michigan,"  a  vessel  of  war  of  the  United  States,  and  for  the  re 
lease  of  the  prisoners  of  war,  citizens  of  the  Confederate  States  of 
America,  held  captive  by  the  United  States  of  America  at  John 
son's  Island,  was  a  belligerent  expedition  ordered  and  undertaken 
under  the  authority  of  the  Confederate  States  of  America,  against 
the  United  States  of  America,  and  that  the  Government  of  the 
Confederate  States  of  America  assumes  the  responsibility  of  an 
swering  for  the  acts  and  conduct  of  any  of  its  officers  engaged  in 
said  expedition,  and  especially  of  the  said  Bennett  G.  Burley,  an 
Acting  Master  in  the  Navy  of  the  Confederate  States. 

And  I  do  further  make  known  to  all  whom  it  may  concern  that 
in  the  orders  and  instructions  given  to  the  officers  engaged  in 
said  expedition,  they  were  specially  directed  and  enjoined  to  "ab 
stain  from  violating  any  of  the  laws  and  regulations  of  the  Cana 
dian  or  British  authorities  in  relation  to  neutrality,"  and  that  the 
combination  necessary  to  effect  the  purpose  of  said  expedition 
"must  be  made  by  Confederate  soldiers  and  such  assistance  as  they 
might  (you  may)  draw  from  the  enemy's  country." 

In  testimony  whereof  I  have  signed  this  manifesto  and  directed 
the  same  to  be  sealed  with  the  seal  of  the  Department  of  State 
of  the  Confederate  States  of  America,  and  to  be  made  public. 


Second  Congress.  567 

Done  at  the  city  of  Richmond  on  this  2-j.th  day  of  December, 
1864.  JEFFERSON  DAVIS. 

By  the  President : 

J.  V.  BENJAMIN,  Secretary  of  State. 


Bv  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES. 
A  PROCLAMATION. 

The  Congress  of  the  Confederate  States  have,  hv  a  joint  resolu 
tion,  invited  me  to  appoint  a  day  of  public  fasting,  humiliation,  and 
prayer,  with  thanksgiving-  to  Almighty  God. 

It  is  our  solemn  duty  at  all  times,  and  more  especially  in  a  season 
of  public  trial  and  adversity,  to  acknowledge  our  dependence  on 
his  mercy,  and  to  bow  in  humble  submission  before  his  footstool, 
confessing  our  manifold  sins,  supplicating  his  gracious  pardon, 
imploring  his  divine  help,  and  devoutlv  rendering  thanks  for  the 
many  and  great  blessings  which  he  has  vouchsafed  to  us. 

Let  the  hearts  of  our  people  turn  contritely  and  trustingly  unto 
God ;  let  us  recognize  in  his  chastening  hand  the  correction  of  a 
Father,  and  submissively  pray  that  the  trials  and  sufferings  which 
have  so  long  borne  heavily  upon  us  may  be  turned  away  by  his 
merciful  love;  that  his  sustaining  grace  be  given  to  our  people, 
and  his  divine  wisdom  imparted  to  our  rulers ;  that  the  Lord  of 
Hosts  will  be  with  our  armies  and  fight  for  us  against  our  ene 
mies,  and  that  he  will  graciously  take  our  cause  into  his  own 
hand  and  mercifully  establish  for  us  a  lasting,  just,  and  honorable 
peace  and  independence. 

And  let  us  not  forget  to  render  unto  his  holy  name  the  thanks 
and  praise  which  are  so  justly  due  for  his  great  goodness  and  for 
the  many  mercies  which  he  has  extended  to  us  amid  the  trials 
and  suffering  of  protracted  and  bloody  war. 

Now^,  therefore,  I,  Jefferson  Davis,  President  of  the  Confederate 
States  of  America,  do  issue  this  my  proclamation,  appointing  Fri 
day,  the  xoth  day  of  March  next,  as  a  day  of  public  fasting,  humil 
iation,  and  prayer  (with  thanksgiving)  for  "invoking  the  favor 
and  guidance  of  Almighty  God,"  and  I  do  earnestly  invite  all  sol 
diers  and  citizens  to  observe  the  same  in  a  spirit  of  reverence,  peni-' 
tence,  and  prayer. 


568  Messages  and  Papers  of  the  Confederacy. 

Given  under  my  hand  and  the  seal  of  the  Confederate  States,  at 
Richmond,  this  25th  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-live.  JEFFERSON  DAVIS. 

By  the  President : 

J.  P.  BENJAMIN,  Secretary  of  State. 


ADDRESS. 

DANVILLE,  VA.,  April  4,  1865. 
To  the  People  of  the  Confederate  ^States  of  America. 

The  General  in  Chief  of  our  Army  has  found  it  necessary  to 
make  such  movements  of  the  troops  as  to  uncover  the  capital  and 
thus  involve  the  withdrawal  of  the  Government  from  the  city  of 
Richmond. 

It  would  be  unwise,  even  were  it  possible,  to  conceal  the  great 
moral  as  well  as  material  injury  to  our  cause  that  must  result  from 
the  occupation  of  Richmond  by  the  enemy.  It  is  equally  unwise 
and  unworthy  of  us,  as  patriots  engaged  in  a  most  sacred  cause,  to 
allow  our  energies  to  falter,  our  spirits  to  grow  faint,  or  our  efforts 
to  become  relaxed  under  reverses,  however  calamitous.  While 
it  has  been  to  us  a  source  of  national  pride  that  for  four  years  of 
unequaled  warfare  we  have  been  able,  in  close  proximity  to  the 
center  of  the  enemy's  power,  to  maintain  the  seat  of  our  chosen 
Government  free  from  the  pollution  of  his  presence;  while  the 
memories  of  the  heroic  dead  who  have  freely  given  their  lives  to 
its  defense  must  ever  remain  enshrined  in  our  hearts;  while  the 
preservation  of  the  capital,  which  is  usually  regarded  as  the  evi 
dence  to  mankind  of  separate  national  existence,  was  an  object 
very  dear  to  us,  it  is  also  true,  and  should  not  be  forgotten,  that 
the  loss  which  we  have  suffered  is  not  without  compensation.  For 
many  months  the  largest  and  finest  army  of  the  Confederacy,  un 
der  the  command  of  a  leader  whose  presence  inspires  equal  con 
fidence  in  the  troops  and  the  people,  has  been  greatly  trammeled 
by  the  necessity  of  keeping  constant  watch  over  the  approaches 
to  the  capital,  and  has  thus  been  forced  to  forego  more  than  one 
opportunity  for  promising  enterprise.  The  hopes  and  confidence 
of  the  enemy  have  been  constantly  excited  by  the  belief  that  their 
possession  of  Richmond  would  be  the  signal  for  our  submission  to 


Second  Congress.  569 

their  rule,  and  relieve  them  from  the  burden  of  war,  as  their  fail 
ing  resources  admonish  them  it  must  be  abandoned  if  not  speedily 
brought  to  a  successful  close.  It  is  for  us,  my  countrymen,  to 
show  by  our  bearing  under  reverses  how  wretched  has  been  the 
self-deception  of  those  who  have  believed  us  less  able  to  endure 
misfortune  with  fortitude  than  to  encounter  danger  with  courage. 
We  have  now  entered  upon  a  new  phase  of  a  struggle  the  memory 
of  which  is  to  endure  for  all  ages  and  to  shed  an  increasing  luster 
upon  our  country. 

Relieved  from  the  necessity  of  guarding  cities  and  particular 
points,  important  but  not  vital  to  our  defense,  with  an  army  free 
to  move  from  point  to  point  and  strike  in  detail  the  detachments 
and  garrisons  of  the  enemy,  operating  on  the  interior  of  our  own 
country,  where  supplies  are  more  accessible,  and  where  the  foe 
will  be  far  removed  from  his  own  base  and  cut  off  from  all  succor 
in  case  of  reverse,  nothing  is  now  needed  to  render  our  triumph 
certain  but  the  exhibition  of  our  own  unquenchable  resolve.  Let 
us  but  will  it,  and  we  are  free ;  and  who,  in  the  light  of  the  past, 
dare  doubt  your  purpose  in  the  future? 

Animated  by  the  confidence  in  your  spirit  and  fortitude,  which 
never  yet  has  failed  me,  I  announce  to  you,  fellow-countrymen, 
that  it  is  my  purpose  to  maintain  your  cause  with  my  whole  heart 
and  soul ;  that  I  will  never  consent  to  abandon  to  the  enemy  one 
foot  of  the  soil  of  any  one  of  the  States  of  the  Confederacy;  that 
Virginia,  noble  State,  whose  ancient  renown  has  been  eclipsed 
by  her  still  more  glorious  recent  history,  whose  bosom  has  been 
bared  to  receive  the  main  shock  of  this  war,  whose  sons  and 
daughters  have  exhibited  heroism  so  sublime  as  to  render  her  il 
lustrious  in  all  times  to  come — that  Virginia,  with  the  help  of  her 
people,  and  by  the  blessing  of  Providence,  shall  be  held  and  de 
fended,  and  no  peace  ever  be  made  with  the  infamous  invaders  of 
her  homes  by  the  sacrifice  of  any  of  her  rights  or  territory.  If 
by  stress  of  numbers  we  should  ever  be  compelled  to  a  temporary 
withdrawal  from  her  limits,  or  those  of  any  other  border  State, 
again  and  again  will  we  return,  until  the  baffled  and  exhausted 
enemy  shall  abandon  in  despair  his  endless  and  impossible  task  of 
making  slaves  of  a  people  resolved  to  be  free. 

Let  us  not,  then,  despond,  my  countrymen ;  but,  relying  on  the 
never-failing  mercies  and  protecting  care  of  our  God,  let  us  meet 


570  Messages  and  Papers  of  t lie  Confederacy. 

the  foe  with  fresh  defiance,  with  unconquered  and  unconquerable 
hearts.  JEFF'N  DAVIS- 


General  Orders  No.  j. 

Adjt.  and  Insp.  General's  Office,  Richmond,  Va.,  February  6,  1865. 

I.  The  following  act  of  Congress  is  published  for  the  informa 
tion  of  the  Army : 

AN  ACT  TO  PROVIDE  FOR  THE  APPOINTMENT  OF  A  GENERAL  IN  CHIEF  OF 
THE  ARMIES  OF  THE  CONFEDERATE  STATES. 

SECTION  I.  The  Congress  of  the  Confederate  States  of  America  do  en 
act  that  there  shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  an  officer,  who  shall  be  known  and  designated 
as  General  in  Chief,  who  shall  be  ranking  officer  of  the  Army,  and  as  such 
shall  have  command  of  the  military  forces  of  the  Confederate  States. 

SEC.  2.  That  the  act  providing  a  staff  for  the  general  who  may  be  as 
signed  to  duty  at  the  seat  of  Government  is  hereby  repealed,  and  that  the 
General  in  Chief  who  may  be  appointed  under  the  provisions  of  this  act 
shall  have  a  staff  not  less  than  that  now  allowed  a  general  in  the  field,  to 
be  assigned  by  the  President  or  to  be  appointed  by  him,  by  and  with  the 
advice  and  consent  of  the  Senate. 

Approved  January  23,  1865. 

II.  General  Robert  E.  Lee,  having  been  duly  appointed  General 
in  Chief  of  the  Armies  of  the  Confederate  States,  will  assume  the 
duties  thereof,  and  will  be  obeyed  and  respected  accordingly. 

III.  General  Orders  No.  23,  of  1864,  are  hereby  revoked. 
By  order:  S.  COOPER,  Adjutant  and. Inspector  Genera!. 

PRESIDENT'S  OFFICE,  RICHMOND,  YA.,  March  20,  1865. 
To  the  Secretary  of  the  Senate. 

Sir:  I  have  the  honor,  by  direction  of  the  President,  to  request 
that  you  furnish  him  at  the  earliest  practicable  moment  with  a 
transcript  of  the  journal  of  the  Senate  beginning  with  the  morning 
of  the  i6th  inst.,  and  continuing  to  the  adjournment  on  the  i8th. 
He  desires  a  transcript  of  the  executive  and  secret  sessions  as  well 
as  of  the  open  sessions. 

Very  respectfully,  your  obedient  servant, 

BURTON  N.  HARRISON,  Private  Secretary. 


Index. 


Index. 

[  The  Index  to  the  Diplomatic  Correspondence  is  in  Volume  //.] 


Abolitionist. 

One  who  favored  and  endeavored  to 
bring  about  the  abolition  of  African  slav 
ery  in  the  United  States.  In  the  early  his 
tory  of  the  Government  the  abolitionists 
generally  favored  gradual  and  voluntary 
emancipation  of  the  slaves;  but  later,  as 
the  feelings  of  both  sides  of  the  contro 
versy  grew  in  bitterness,  they  advocated 
immediate  aoolition,  regardless  of  the 
wishes  of  the  slaveowners.  They  were 
organized  into  a  separate  party  in  the  be 
ginning,  but  later  were  merged  into  the 
Republican  Party. 

Adams,  Charles  F.,  mentioned,  350. 
Adams,  D.  W.,  commission  and  pay 

of,  discussed,  406. 
Addresses    of    President.      (See    also 

Proclamations.) 
To— 

Army  of — 

Eastern  Virginia,  229. 
Richmond,  228. 
Indian  tribes,  477. 
People    of    Confederate    States, 

33L  568. 
Soldiers   of   Confederate   States, 

335,  4H- 

Adjutant  and  Inspector  General's  Office, 
appropriation  for,  recommended, 
306,318. 

Admiralty  and  Maritime  Jurisdiction, 
act  to  establish  court  of,  in  Mis 
sissippi  vetoed,  101. 
Admission  into  Confederacy  of — 

Kentucky,     recommendations     re 
garding  application  for,  145. 
Missouri — 

Consideration    of    Congress    re 
specting,  requested    by    Presi 
dent,  144. 
Proclaimed,  166. 


Admission  into  Confederacy  of  (Con 
tinued) — 

New    States    and    Territories    dis 
cussed,  117,  137. 

North  Carolina,  117. 
Contemplated,  98. 

Tennessee,  117. 

Virginia,  77,  117. 

Advance,  The,  coals  taken  from,  for 
naval  service  referred  to,  515,  518, 

S31- 
African  Slave  Trade. 

The  term  applied  to  the  importation 
into  the  American  Colonies,  and  later  into 
the  States,  of  negro  slaves,  and  their  sail- 
to  the  inhabitants.  This  traffic  was  in 
dulged  in  and  encouraged  by  Great  Brit 
ain  about  the  beginning  of  the  iSth  cen 
tury,  and  that  country  then  made  treaties 
by  which  contracts  were  obtained  for  sup 
plying  slaves  to  the  West  Indies.  Tin- 
slave  trade  was  an  important  issue  in  the 
Colonies,  before  and  during  the  Revolu 
tion,  and  was  the  subject  of  sharp  contro 
versy  in  the  formation  of  the  Constitution. 
Some  of  the  States  wished  no  restriction 
on  the  traffic,  while  others  sought  to  have 
it  entirely  prohibited.  A  compromise  al 
lowed  Congress  to  prohibit  it  after  iSoS, 
which  was  done  by  act.  There  was  no 
restriction  upon  domestic  slave  trading. 

Agricultural  Products: 
Cotton — • 

Accumulated  by  Treasury  De 
partment  referred  to,  390. 

Non-destruction  of,  in  Savannah, 
Ga.,  referred  to,  533. 

Protection  for,  under  control  of 
Secretaries  of  Treasury  and 
War,  referred  to,  503. 

Purchased  for  Government  in 
Louisiana  referred  to,  311. 

Sale  of,  in  foreign  markets,  under 
cover  of  certificates,  317. 

(573) 


574  Messages  and  Papers  of  the  Confederacy, 


Agricultural  Products  (Continued): 
Cotton— 

Sale  or  hypothecation  of,  or  cot 
ton  certificates,  in  Europe,  re 
ferred  to,  319. 
Use   of,   as    means    of    securing 

Army  supplies,  530. 
Vessels   in   Chesapeake  Bay  for 

exporting,  195. 
Tobacco — 

Rations  of,  for  Army,  referred  to, 

455- 
Vessels   in    Chesapeake  Bay  for 

exporting,  195. 
Agricultural    Resources    of    Southern 

States  discussed,  81, 123,  136. 
Aids-de-camp,  rank  of,  discussed,  540. 
Alabama: 

Iron  and  coal  in,  referred  to,  305. 
Military  operations  in,  483. 
Troops  of,  resolutions  of  thanks  ten 
dered,  423,  428,  431. 
Alabama  Claims. 

During  the  Civil  War  a  number  of  ves 
sels  were  built  in  Great  Britain  for  the 
Confederate  States,  and  in  the  face  of  the 
protests  of  the  representatives  of  the 
United  States  they  were  allowed  to  es 
cape  from  British  ports  armed  and 
equipped  for  the  destruction  of  the  com 
merce  of  the  United  States.  These  ves 
sels  captured  and  destroyed  many  ships  of 
the  latter -named  Government,  laden  with 
goods  and  merchandise.  After  the  war 
closed  the  Government  pressed  a  claim 
upon  Great  Britain  for  damages  to  its 
commerce  by  these  vessels,  and  finally  it 
was  agreed  between  the  two  Govern 
ments  to  submit  the  claims  to  a  court  of 
arbitration.  This  court  was  formed,  and 
was  composed  of  Charles  Francis  Adams, 
named  by  the  President  of  the  United 
States;  Sir  Alexander  Cockburn,  by  the 
Queen  of  England;  Count  Federigo  Sclo- 
pis,  by  the  King  of  Italy;  M.  Jacques 
Staempfli,  by  the  President  of  Switzer 
land;  and  Viscount  d'ltajuba,  by  the  Em 
peror  of  Brazil.  This  commission  was  or 
ganized  at  Geneva,  Dec.  15,  1871,  the 
Count  Sclopis  presiding,  and  an  award 
was  made  by  the  commission  In  favor  of 
the -United  States  of  $15,500,000,  in  gold, 
in  satisfaction  of  all  claims.  The  most  im 
portant  of  the  vessels  thus  sent  out  from 


the  ports  of  Great  Britain,  and  the  one 
which  inflicted  the  greatest  injury  upon 
the  commerce  of  the  United  States,  was 
the  Alabama,  and  hence  the  name  Ala 
bama  Claims.  Some  of  the  other  ships 
were  the  Florida,  the  Georgia,  and  the 
Shenandoah. 

Alabama  River,  appropriation  for  de 
fense  of,  recommended,  196. 

Alabama,  The,  destruction  of  the  Hat- 
teras  by,  referred  to,.3O5. 

Albany,  Ga.,  flour  and  grist  mill,  and 
bakery  established  at,  referred  to, 

5H- 
Albemarle,  The. 

An  ironclad  ram  built  for  the  Confed 
erate   States   on    the   Roanoke  River,  in 
North  Carolina,  in  1863.     She  did  consid 
erable   damage   to  the  commerce  of  the 
United  States,  but  was  destroyed  by  Lieu 
tenant  Cushing  Oct.  27,  1864. 
Alexander,  J.  W.,  mentioned,  197. 
Alien  Enemies: 

Banishment  of,  proclaimed,  131. 
Regulations  respecting,  132. 
Sequestration  of  estates  of,  referred 

to,  308. 
Aliens,  act  repealing  laws  authorizing 

naturalization  of,  vetoed,  165. 
Allatoona,  Ga.,  Battle  of. 

A  battle  between  the  Federals,  com 
manded  by  Gen.  Corse,  and  the  Confed 
erates,  commanded  by  Gen.  French,  oc 
curred  at  Allatoona,  a  village  in  Georgia, 
about  35  miles  northwest  of  Atlanta,  on 
Oct.  6,  1864.  Each  army  lost  about  700 
men  in  this  engagement. 

Alleghany  Mountain,  W.  Va.,  battle  of, 

referred  to,  154. 
Amnesty. 

An  act  of  pardon  for  an  offense.  Dur 
ing  the  war  and  subsequently  thereto, 
proclamations  granting  amnesty  to  per 
sons  who  had  been  engaged  therein 
against  the  Government  were  issued  by 
the  President  of  the  United  States.  These 
proclamations  were  based  upon  authority 
conferred  by  Congress,  and  were  special 
in  their  character  until  July  4,  1868,  when 
one  extending  pardon  to  all  excepting  a 
few  classes  was  promulgated.  Dec.  25 
of  same  year  full  amnesty  was  granted  to 
all  persons  who  had  been  engaged  in  the 
war. 


Index. 


575 


Anderson,  Joseph  R.,  letters  to,  regard 
ing  restrictions  upon  vessels  leav 
ing  Confederate  States,  transmit 
ted,  147. 

Anderson,  Robert,  mentioned,  73,  94. 

Antietam,  Md.,  Battle  of. 

A  small  river,  called  the  Antietam, 
flows  into  the  Potomac  River  from  the 
north  about  7  miles  above  Harpers  Fer- 
ry.  The  town  of  Sharpsburg  is  between 
these  two  rivers.  There  was  fought  near 
this  town,  on  Sept.  16,  17,  1862,  a  severe 
battle.  It  is  called  by  the  Federals  An 
tietam,  by  the  Confederates  Sharpsburg. 
Gen.  McClellan  commanded  the  Union 
army,  about  60,000;  and  Gen.  I_ee,  the 
Confederates,  about  45,000.  Loss  of  for 
mer,  12,409  (2,010  killed);  of  the  latter  in 
killed,  wounded,  and  missing,  about  12,- 

(00. 

Appomattox,  Va.,  Battle  of. 

The  town  of  Appomattox  is  the  county 
seat  of  the  county  of  that  name  in  Vir 
ginia,  and  is  situated  about  -'5  miles  to 
the  eastward  of  Lynchburg.  The  surren 
der  of  the  Army  of  Northern  Virginia, 
26,000  men,  by  Gen.  I,ee,  to  Gen.  Grant, 
occurred  here  Apr.  u,  1^65.  The  officers 
and  men  of  Lee's  army  were  all  paroled, 
and  permitted  to  return  to  their  homes, 
practically  ending  the  war. 

Appropriations: 

Discussed,  489. 
Recommended  for — 

Adjutant  and  Inspector  General's 

Office,  306,  318. 
Army,  57,  303,  310. 
Army  cooks  and  nurses,  i_'7. 
Army  officers,  expenses  of,  acting 

as  Indian  agents,  99. 
Army,  Provisional,  57. 
Carrying  into  effect  act  to  aid 

people  of  Kentucky,  128. 
Conscription  service,  402. 
Contracts  of  Medical  Purveyors, 

310. 
Defense  of  Alabama  River  and 

Mobile  Bay,  196. 
Destitute  people  in  Missouri,  126. 
Engineer    Bureau,  248,  306,  395, 

SIS- 

Expenses    incurred  in  detecting 
forgers  of  Treasury  notes,  239. 


Appropriations  (Continued): 
Recommended  for — 
Floating  defenses,  203. 
Flour  for  Army,  249. 
Foreign  loan,  act  authorizing,  301. 
Government    expenditures,    199, 

3i3.3i7,3S7,402.  404,  45i,  454. 
455.517.539. 

Impressment  of  slaves,  claims 
for,  395. 

Increased  compensation  of  Sen 
ators,  Representatives,  and 
Congressional  employees,  456. 

Indian  affairs,  154,  242.  300,  382. 
3§6,  503- 

Indian  Affairs,  Bureau  of,  58,  407. 

Interest  on  money  borrowed 
from  banks  in  Tennessee,  pay 
ment  of,  154,  255. 

Interest  on  Removal  and  Subsist 
ence  Fund  due  Indians,  386. 

Justice,  Department  of.  383,   3^7, 

503, 51  «s  532. 

Medical    department    of    Army, 

250. 

Military  hospitals,  127. 
Naval  officers,  allowances  to,  407. 
Naval   vessels,  purchase  of,  201, 

249. 
Navy  Department,  205,  213,  317, 

408,  502,  518,531. 
North    Carolina,    claims    of,    for 

supplies    furnished     troops    of, 

304- 

Ordnance,  249. 

Ordnance   Bureau,   213,   299,  309. 
Owners  of — 

Schooner  I  salt  I,  513. 

Steamer  Phoenix^  499. 
Pensions,  79. 
Post  Office  building  in  Richmond. 

Va,  318. 
Post  Office    Department,  99,  128, 

306. 

Powder,  purchase  of,  58. 
Public  defense,  128,  196,  203. 

Communications  regarding. 
208. 


576  Messages  and  Papers  of  the  Confederacy. 


Appropriations  (Continued): 
Recommended  for — 

Purposes  not  stated,  99,  100,  126 

154,  214,  239,  243,  248,  252,  253 

254,  256,  257,  262,  395,  504. 

Railroads,   construction    of,  139 

i52.  S36- 
River  defense  eervice,  and  claims 

for,  196,  203,  314. 
Seizures  of  private  property,  247 

296,395,499,513. 
State  Department,  251. 
Submarine    telegraph    cable    at 

Charleston,  S.  C.,  319. 
Surgeon  General,  315. 
Telegraphic  service,  298. 
T  r  an  s-Mississippi  Department, 

5*5- 

Treasury  Department,  207,  257. 
War  Department,  303,  406,   533, 

536. 

Employees  in,  303,  503. 
War   tax,    refunding    excess    of, 

paid  by — 
Louisiana,  253. 
North  Carolina,  239. 
Transfer   of,  recommendations  re 
garding,  403,  504. 

Arizona  Territory,  organization  of,  pro 
claimed,  167. 
Arkansas: 

Battles  in,  referred  to,  214. 
Confederate   Constitution  adopted 

by,  117- 

Invasion  of,  by  Federal  forces,  re 
ferred  to,  345. 
Military  operations  in,  483. 
Troops  of,  resolution  of  thanks  ten 
dered,  480. 
Arkansas  Post,  Ark.,  Battle  of. 

Arkansas  Post  was  a  village  on  the 
Arkansas  River,  about  70  miles  south 
east  of  Little  Rock.  On  Jan.  11,  1863, 
this  place  was  attacked  by  the  Federals, 
under  Gen.  McClernard,  and  the  Confed 
erate  forces  there  were  captured.  The 
Federal  loss  in  killed  and  wounded  was 
about  1,000. 

Armed  Vessels,  Private: 
Commissions  to,  102. 


Armed  Vessels,  Private  (Continued): 
Commissions  to — 

Act  authorizing  issuance  of,  104. 
Amendment  to,  113. 
Form  of  bond,  112. 
Applications  for,  invited,  60. 

Referred  to,  75. 
Discussed,  281,  3^9. 
President's  instructions  to,  in. 
Anns    and    Ammunition.     (See    also 
Ordnance    and    Ordnance    Sup 
plies.) 

Act  to  encourage  manufacture  of, 
within  Confederate  States  vetoed, 
158. 
Manufacture  of,  recommendations 

regarding,  194,  199. 
Transfer  of,  from  several  States  to 
General     Government,     recom 
mendations  regarding,  56. 
Army,  Confederate  States: 

Accessions  to,  referred  to,  534 
Act- 
Abolishing  offices  of  certain  quar 
termasters  vetoed,  559. 
Accepting    volunteer    regiment 

from  Texas  vetoed,  160. 
Allowing  minors  to  hold  commis 
sions  in,  explanation  regarding 
approval  of,  314. 
Amending  act — 

Aiding  Kentucky  vetoed,  408. 

Establishing    and     organizing 

general     staff     for,    vetoed, 

262. 

Establishing     and    organizing 

Provisional,  vetoed,  263. 
Authorizing — 

Appointment  of  additional  ar 
tillery   officers  for  ordnance 
duty  vetoed,  466. 
Appointment  of  additional  as 
sistant   surgeons  in,  vetoed, 
130. 
Free  mailage  of  newspapers  to 

soldiers  vetoed,  556. 
Creating  office   of  commanding 
general  vetoed,  215. 


Index. 


577 


Army,  Confederate  States(Continued) :  j 
Act- 
Diminishing   number  of  exemp 
tions  and  details,  recommenda 
tions  regarding,  540,  547. 

Directing  how  prize  money  shall 
be  paid  vetoed,  216. 

Encouraging  manufacture  of 
small  arms  vetoed,  158. 

Establishing  Veteran  Soldiers' 
Home  vetoed,  409. 

Exempting  editors  and  newspa 
per  employees  vetoed,  465. 

Granting  furloughs  vetoed,   162. 

Increasing  strength  of  heavy  ar 
tillery  for  seacoast  defense  ve 
toed,  320. 

Organizing  general  staff  for,  rea 
sons  for  applying  pocket  veto 

to.  457- 

Paying  arrears  due  Army  and 
Navy  vetoed,  561. 

Promoting  officers  in  certain  I 
cases  vetoed,  5^8. 

Providing  for  appointment  of  i 
general  in  chief,  570. 

Raising  and  organizing  troops  in 

Missouri — 

Returned    \vith   reasons  there 
for,  155. 
Vetoed,  160. 

Regulating  business  of  conscrip 
tion,  recommendations  regard 
ing,  542- 

Regulating  furloughs  and  dis 
charges  vetoed,  156. 

Relating  to  pay  and  allowances 
of  deceased  soldiers  vetoed,  216. 

Reorganizing  and  promoting  effi 
ciency  of  Medical  Department 
vetoed,  263. 
Addresses  of  President  to — 

Army  of — 

Eastern  Virginia,  229. 
Richmond,  228. 

Soldiers,  335,  414. 
Aids-de-camp  in,  rank  of,  discussed, 


Army,  Confederate  States(Continued) : 

Appropriations  recommended  for — 
Cooks  and  nurses  for,  127. 
Expenses  of,  57,  303,  310. 
Flour  for,  249. 

Medical  Department  of,  250. 
Provisional  Army,  57. 

Assistant  Surgeons  in,  act  for  ap 
pointment  of  additional,  vetoed, 
130. 

Cadets  in,  recommendation  regard 
ing  appointmentand  duties  of,  80. 

Cavalry  horses,  legislation  regard 
ing,  recommended,  372,  492. 

Chaplains  for,  recommendation  re 
garding  appointment  of,  Si. 

Clothing  for,  returns  for,  referred 
to,  407. 

Commissions  for  trials  of  offenses 
in,  recommended,  244. 

Conscription  law.  (See  Conscrip 
tion  Law.) 

Consolidation  of  companies  and 
regiments,  recommendations  re 
garding,  236,  258,  372,  492. 

Courts-martial  in-  — 

Findings  of,  referred  to,  300,303. 
Recommendations  regarding, 

244,  448,  538. 
Report    of,  transmitted    in   cases 

of— 

Desertion,  etc.,  303. 
Drunkenness,  255. 

Desertions  in,  reports  of  courts- 
martial  in  cases  of,  transmitted, 

3«3- 
Drunkenness  in — 

Report  of  courts-martial  in  cases 

of,  transmitted,  255- 
Trials  and  convictions  under  act 

to  punish,  referred  to,  505. 
Duties  for  persons  above  conscript 

age  discussed,  371. 
Enlistments  in,  terms  of,  discussed, 

190. 
General — 

Act  creating  office  of  command 
ing,  vetoed,  215. 


57S 


Messages  and  Papers  of  the  Confederacy. 


Army,  Confederate  States(Continued) : 
General — 

Creation  of  grade  of,  recommend 
ed,  So. 
General  in  Chief  of,  appointment 

of,  570. 
General   staff   of,   organization  of, 

recommended,  373,  447. 
Act  providing  for — 

Reasons   for  applying  pocket 

veto  to,  457. 
Referred  to,  500. 
Vetoed,  262. 

Holcomb  Legion  referred  to,  456. 
Increase  in — 

Provision  for,  recommended,  236 
Recommended,  122,  194,371,404, 

532»  545- 

Legionary  organization    of  Provi 
sional,  referred  to,  456. 
Military    courts    in,  recommenda 
tions  regarding,  448,  538. 
Militia  law,  general,  recommended, 

491,  548. 

Negroes   employed    in,    discussed, 
and  recommendations   regard 
ing.  370,  493- 
Arming  as  soldiers — 
Opposed,  495. 
Referred  to,  54.7. 
Nominations   for    appointment    in, 

return  of,  requested,  241,  537. 
Officers  of— 
Absence  of — 

Act  to  prevent,  referred  to,  388. 
Discussed,   and    recommenda 
tions  regarding,  372. 
Act- 
Authorizing    appointment    of 
additional  artillery,  for  ord 
nance  duties  vetoed,  466. 
Providing  for  promotion  of,  in 

certain  cases  vetoed,  558. 
Appointed    under    act   approved 
Oct.  13,  1862,  referred  to,  400. 
Appointed    under    act    to    raise 
troops,  approved  Oct.  u,  1862, 
referred  to,  392. 


Army,  Confederate States(Continued) : 
Officers  of — 

Communication    of,    serving    in 

cities,  300. 

Deprived  of  purchasing  rations, 
recommendations  regarding. 

447- 

Employed  in  Departments  in 
Richmond,  Va.,referred  to,  514, 

552. 
Estimate  of  expenses  of,  acting  as 

Indian  agents,  99. 
Guilty  of  absence  without  leave, 

and  desertion,  pardoned,  329. 
Incompetent — 

Discussed,  and  recommenda 
tions  regarding,  257. 

List    of    retired,    transmitted, 

453- 

New  mode  of  withdrawing 
commissions  of,  recommend 
ed,  236. 

Increase  of  allowances  to,  travel 
ing  under  orders  recommend 
ed,  448. 
List  of— 

In  artillery  of  Provisional,  for 
performance     of     ordnance 
duty  transmitted,  384. 
Referred  to,  251. 
Retired,  transmitted,  453. 
Pay  and  allowances  of  general, 
while  invalidated  from  service 
discussed,  405. 

Provision  for  appointment  of 
brigadier  and  major  generals  i  n 
certain  cases  recommended, 
260. 

Provision  for  invalid,  resigning 
from  service  recorr-nended, 

447- 

Renomination  of  certain,  advice 
of  Senate  regarding  necessity 
of,  requested,  246. 

Sale  of  cloth  and  clothing  to,  re 
ferred  to,  504. 

Sick  and  wounded,  accommoda 
tions  for,  referred  to,  519. 


Index. 


579 


Army,  Confederate  States(Continued) : 
Officers  of— 

Tenure  of  office  of,  in  Provision 
al,  recommendations  regard 
ing.  447- 

Operations  of.  (See  also  the  sever 
al  battles;  encyclopedic  arti 
cles.) 

Discussed,  72,    78,  122,  124,  136, 
189,  196,  208,  232,  240,  276,  332, 
345,  448,  482,  544. 
Report  of — • 

Publishing  of,  disapproved,  454, 

455,  457,  493. 
To  be  transmitted,  147. 
Transmitted,  127,  214,  241,  247, 
248,250,  251,  255,  298,  299,311, 
313,  3'6>  384,  385 <  3s6-  39 1  >  4°6» 
454.   455,  4  A  457,  49s,   499- 
5^3,   5i4,  53°.  534.  535,    537, 
538,  539- 
Ordnance  for — 

Appropriation    for,   recommend 
ed,  249. 
Gunpowder — - 

Act  to  encourage  manufacture 

of,  vetoed,  158. 
Appropriation  for  purchase  of, 

recommended,  58. 
Manufacture  Oi,  discussed,  199. 
Machinery    removed   from   Har 
pers  Ferry  referred  to,  125. 
Manufacture     of,     recommenda 
tions  regarding,  194,  199. 
Purchase  of,  abroad  referred  to, 

204. 

Ordnance  officers,  examination  and 
appointment  of,  referred  to,  300. 
Palmetto  Light  Artillery,  organiza 
tion  and  disbanding  of,  referred 
to,  456. 
Private  property  seized  by — 

Belonging  to   alien  enemies  re 
ferred  to,  308. 
Brandy  referred  to,  515. 
Claims  for,  referred  to,  401. 

Appointments    under    act    for 
payment  of,  referred  to,  502. 


Army,  Confederate  States(Continued) : 
Private  property  seized  by — 
Claims  for — 

Appropriation  to  pay,  recom 
mended,  247,  296. 
Recommendations     regarding 

payment  of,  546. 

In  Petersburg  and  Lynchburg  re 
ferred  to,  304. 

Payment  of  assessments  of  dam 
ages  by  officers  without  inter 
vention  of  courts-martial  or 
boards  of  survey  referred  tot 
390, 

Referred  10,262,301,308,  310,311. 
Taxes  due  on,  referred  to,  153. 
Temptations    to    hoard    supplies 
checked  by  impressment,  374. 
Promotions   in,    for   gallantry    re 
ferred  to,  388. 

Regiments  disbanded  and  consoli 
dated  referred  to,  249. 
Reorganization  and  reenforcement 

of,  discussed,  294. 
Rail  of  merit  referred  to,  384. 
Scouts,  organization  of  corps  of,  re 
ferred  to,  518. 

Slaves  employed  in,  discussed,  and 
recommendations    regard  ing, 

3/0,  493- 

Arming  as  soldiers — 
Opposed,  495. 
Referred  to,  547. 
Soldiers  in — 

Absence  of,  act  to  prevent,  re 
ferred  to,  388. 

Act  authorizing  free  mailage  of 
newspapers  to,  vetoed,  556. 

Addresses  of  President  to,  335, 
414. 

Arrested  or  confined  in  Rich 
mond,  Va.,  referred  to,  315. 

Bounty    bonds    to,    referred    to, 

489. 
Guilty  of  absence  without  leave, 

and  desertion  pardoned,  329. 
Number   of,   furnished   by    each 

State  referred  to,  246. 


580  Messages  and  Papers  of  the  Confederacy. 


Army,  Confederate  States(Continued) : 
Soldiers  in  — 
Pay  of — 

Proposals     to     increase,     dis 
cussed,  374. 
Recommendations    regarding, 

243. 

Shot   without   trial,  inquiry    re 
garding,  replied  to,  246. 
South  Carolina — 

Troops   of,   hanged    by    Federal 

forces  referred  to,  127,  128. 
Volunteer  company  from,  organ 
ization  and  disbanding  of,  re 
ferred  to,  456. 
Volunteer  legion  of,  referred  to, 

456. 

Substitutes  in,  discussed,  370. 
Supplies  for — 

Recommendations  regarding, 

532»  545,  552. 

Use   of  cotton  as  means  of  pro 
curing,  530. 
Tobacco    ration    for,    referred    to, 

455- 

Transportation  facilities  for,  dis 
cussed,  and  recommendations  re 
garding,  81,  139,  151,  236,  249,  295, 
492,  533,  536. 

Wheat's  Louisiana  Battalion,  dis 
banding  of,  referred  to,  261. 

Army  of  Eastern  Virginia,  address  of 
President  to,  229. 

Army  of  Northern  Virginia,  operations 
of,  referred  to,  384. 

Army  of  Peninsula,  provisions  fur 
nished,  referred  to,  247. 

Army  of  Richmond,  address  of  Presi 
dent  to,  228. 

Army  of  Tennessee,  correspondence 
regarding,  transmitted,  514,  534, 
535.  537,  53s*  539- 

Army  of  Trans-Mississippi,  money  ex 
pendedin  payment  of,  referred  to, 
504- 

Army  Officers.  (See  Army,  Confed 
erate  States.) 


Army,  United  States: 

Destruction    of   property    by,    dis 
cussed,  380. 

Increase  in,  referred  to,  233. 

Instructions  for  government  of,  380. 

Negroes  forced  into,  discussed,  380. 

Outrages  committed  by  officers  and 

soldiers  of,  115,  119,    127,   128, 

137,  140,  184,  233,  289,  298,  329, 

376>  379,  443,  493,  564- 
Retaliatory  measures — •' 
Discussed,  234. 
Proclaimed,  269. 
Discussed,  289. 
Threatened,  115,  120,  141. 
Arrests,  Military,  of  citizens  of  Con 
federate  States  referred  to,  243, 

3°4- 
List  of  prisoners  in  Salisbury,  N.C., 

referred  to,  308. 

Ashe,  William  S.,  communication 
from,  urging  completion  of  cer 
tain  railroads,  151. 

Atlanta,  Ga.,  Battle  of. 

A  battle  near  Atlanta,  Ga.July  22, 1864, 
the  Federals  being  commanded  by  Gen. 
Sherman,  and  the  Confederates  by  Gen. 
Hood.  Gen.  McPherson  was  killed.  Fed 
eral  loss,  about  4,000.  Confederate  loss, 
considerably  larger,  estimated  at  about 
7,000. 

Attorney  General,  report  of,  transmit 
ted  and  discussed,  78,  192,  194, 
196. 

Averysboro,  N.  C.,  Battle  of. 

Averysboro  is  a  small  town  in  JIarnett 
County,  N.  C.,  about  30  miles  south  of 
Raleigh.  A  battle  was  fought  here  March 
16,  1865,  by  a  portion  of  Gen.  Sherman's 
army,  commanded  by  Gen.  Slocum,  and 
the  Confederates,  commanded  by  Gen. 
Hardee.  Federal  loss,  77  killed,  and 
nearly  500  wounded.  The  Confederates 
retreated,  leaving  over  100  dead  on  the 
field. 


Baker,  Samuel  E.,  resolution  of  thanks 
tendered  command  of,  428. 

Baker,  T.  Harrison,  vessel  under,  com 
missioned  private  armed  vessel, 
102. 


Index. 


58 


Baker's  Creek,  Miss.,  Battle  of.     (See 

Champion  Hills,  Battle  of.) 
Ball's  Bluff,  Va.,  Battle  of. 

A  buttle  near  Ball's  Bluff,  on  the  south 
side  of  the  Potomac  River,  about  30  miles 
to  the   northwest   of  Washington   City, 
Oct.  21,  1861.    The  Federals,  1,900,  were 
commanded    hy    Col.    Baker,    who    was 
killed;  the  Confederates,  by  Gen.  N.  G. 
livans.    The  Federals  were  defeated  with 
a  loss  of  Syj.     Confederate  loss,  302. 
Banks,  A.  D.,  mentioned,  85. 
Banks: 

Appropriation    to    pay   interest  on 
money    borrowed  from,  in  Ten 
nessee,  recommended,  154,  255. 
In   Kentucky  contributing  money 
for  subjugation  of  people  in,  148. 
Taxation  on,  recommendations  re 
garding,  490. 

Barney,  J.  N.,  mentioned,  197. 
Baton  Rouge,  La.,  Battle  of. 

A  battle  near  Baton  Rouge,  La.,  Aug. 
5,  1862.  The  Federals,  2,500,  were  com  • 
manded  by  Gen.  Williams,  who  was 
killed;  the  Confederates,  about  the  same 
number,  by  Gen.  Brcckinridge.  The 
Confederates  attacked  and  were  repulsed. 
Losses  about  the  same,  near  400,  on  each 
side. 

Battle,  Cullen  A.,  resolution  of  thanks 
tendered  command  of,  423. 

Battles.  (See  War  between  the 
States;  encyclopedic  articles; 
the  several  battles.) 

Bay  of  Mobile: 

Appropriation  for  defense  of,  rec 
ommended,  196. 

Outer  defenses  of,  capture  of,  re 
ferred  to,  483. 

Beall,  John  Y.,  trial  and  execution  of, 
referred  to,  553. 

Beauregard,  Pierre  G.  T.: 

Correspondence  with,  regarding 
Army  of  Tennessee  transmitted, 

534- 

General,  Confederate  Army,  nomi 
nation  of,  129,  306. 

Mentioned,  94,  95,  96,  209. 

Reduction  of  Fort  Sumter  exe 
cuted  by,  73.  (See  also  78,  98.) 
Communication  regarding,  96. 


Beauregard, Pierre  G.  T.  (Continued): 
Report  of — 

Connected     with    defense     of 

Charleston  transmitted,  403. 
On    Morris    Island   transmitted, 

499- 

Resolutions    of    thanks     tendered 
command    of,   114,  133,  231,  338, 
425- 
Beaver   Dam    Creek,   Va.,  Battle   of. 

(See  Mechanicsville,  Battle  of.) 
Belgium,  Confederate  Commissioner 

to,  76. 

Belligerency    of    Confederate    States 
recognized  by  foreign  powers  re 
ferred  to,  280. 
Belligerent   Expedition,  proclamation 

regarding,  565. 
!  Belligerent  Rights. 

When  governments  are  at  war  with 
each  other  there  are  certain  rights  or  priv  - 
ileges  accorded  them  by  neutral  govern 
ments  which  are  known  as  belligerent 
rights.  The  recognition  of  such  rights 
was  accorded  to  the  Confederate  States  by 
many  neutral  governments  during  tin- 
war,  including  Great  Britain,  France,  and 
other  important  nations  of  Europe,  and 
by  Brazil. 

Belmont,  Mo.,  Battle  of. 

A  battle  near  Belmont,  in  southeaster:! 
Missouri,  Nov.  7,  iSrti.  The  Federals, 
3,000,  were  commanded  by  Gen.  Grant; 
the  Confederates,  by  Gen.  Pillow.  Loss 
of  the  former,  about  500;  and  of  the  latter, 
about  600. 

Referred  to,  137. 

Benjamin,  Judah  P.,  letter  of,  regard 
ing  restrictions  on  vessels  leav 
ing  Confederate  States  transmit 
ted,  147. 

Bentonville,  N.  C.,  Battle  of. 

A  battle  at  Bentonville,  X.  C.,  a  town 
to  the  south  of  Raleigh,  March  19,  20,  1865. 
The  Federals,  65,000,  were  commanded  by 
Gen.  Sherman;  the  Confederates,  about 
24,000,  by  Gen.  Johnston.  Federal  loss, 
1,646;  Confederate  loss,  about  2,Soo. 

Berlin  and  Milan  Decrees  referred  to, 

284. 
Bible  Society  of  Confederate  States,  act 

for  relief  of,  vetoed,  267. 


582  Messages  and  Papers  of  the  Confederacy. 


Big  Bethel,  Va.,  Battle  of. 

A  battle  near  the  village  of  Big  Bethel, 
Va.,  about  10  miles  to  the  northwest  of 
Fortress  Monroe,  June  10,  1861.  The-Fed- 
erals,  2,500,  commanded  by  Gen.  Peirce, 
were  defeated  by  the  Confederates,  1,800, 
under  Gen.  Magruder.     Federal  loss,  75> 
includirg  Major  Winthrop;  Confederate 
loss,  i  killed  and  4  wounded. 
Referred  to,  137. 
Big  Black,  Miss.,  Battle  of. 

A  battle  on  Big  Black  River,  Miss.,  not 
far  to  the  westward  of  Vicksburg,  May 
17,  1863.  The  Federals,  10,000,  were  com 
manded  by  Gen.  Clernard;  the  Confeder 
ates,  S,ooo,  by  Gen.  Pemberton.  The  lat 
ter  retreated,  losing  about  1,200  prisoners 
and  some  artillery. 

Bills  and  Acts  retained  by  President, 

reasons  therefor,  214. 
Biographical  Sketches  of — 
Davis,  Jefferson,  17. 
Lee,  Robert  E.,  437. 
Stephens,  Alexander  H.,  173. 
Blair,  Francis  P.,  correspondence  in 

peace  negotiations,  521. 
Bledsoe,  A.  F.,  letter  of,  regarding  re 
strictions  on  vessels  leaving  Con 
federate  States  referred  to,  147. 
Blockade. 

The  right  of  a  nation  to  prevent  inter 
course  with  her  enemy's  ports  on  the  part 
of  neutrals,  in  the  time  of  war,  is  well  es 
tablished  as  a  principle  of  international 
law.  This  is  done  by  a  blockade.  To  be 
binding,  and  to  bring  the  right  to  blockade 
the  ports  of  a  country  within  the  real 
meaning  of  the  law  as  upheld  and  enforced 
by  leading  nations,  the  blockade  must  be 
effective— that  is  to  say,  it  must  not  be  a 
mere  paper  blockade. 

Blockade  of  Confederate  ports: 

Binding    effect   of,  and  attitude  of 
foreign    powers    regarding,    dis 
cussed,  142,  282,  349. 
Proclamation     announcing,     dis 
cussed,  76. 

Blue  Mountain,  Ala.,  proposed  rail 
road  to  Rome,  Ga.,  from,  referred 
to,  249. 

Blue  Springs,  Tenn.,  operations  at, 
402. 


Bonds: 

Act  amending  act  to  reduce  curren 
cy    and    authorize    new    issue  of 
notes  and,  vetoed,  470. 
Act    of    South    Carolina    offering 

guaranty  of,  transmitted,  309. 
Bounty,    to    soldiers    referred    to, 

489. 

Provision    for    borrowing    on,  dis 
cussed,  361. 
Boonsboro,  Md.,  Battle  of.    (See  South 

Mountain,  Battle  of.) 
Borcke,Heros  von,  resolution  of  thanks 

tendered,  421. 

Border    States,     relations    with,    dis 
cussed,  121. 
Bragg,  Braxton: 

General,  Confederate  Army,  nomi 
nation  of,  211. 
Referred  to,  347. 
Report  of,  on — 
Battle  of — 

Chickamauga,    Ga.,    transmit 
ted,  452. 

Shiloh,  Tenn.,  transmitted,  245. 
Bombardment  of  Pensacola,  Fla., 

referred  to,  200. 

Certain  battles  transmitted,  313. 
Branch,  Lowrence  0.  B.,  report  of,  on 

battle  of  Newbern,  N.  C.,  212. 
Brandy,  impressment  of,  referred  to, 

SIS- 

Bridgeport,  Ala.,  operations  at,  245. 
Brigadier  Generals,  provision  for  ap 
pointment  of,  in  certain  cases  rec 
ommended,  260. 
Bristow  Station,  Va.,  Battle  of. 

A  battle  at  Bristow  Station,  near  Ma- 
nassas,  Va.,  Aug.  27,  1862.  The  Feder 
als  were  commanded  by  Gen.  Pope;  the 
Confederates,  by  Gen.  Thos.  J.  Jackson. 
The  loss  on  each  side  was  between  200 
and  300. 

British  Orders  in  Council  referred  to, 

284. 

Broadwell,   W.   A.,   accounts   of,   re 
ferred  to,  304,  319. 

Brown,  Isaac  N.,  resolution  of  thanks 
^    tendered  command  of,  275. 


Index. 


58,5 


Brown's  Insurrection. 

On  Oct.  16,  1859,  John  Brown,  with  22 
men  as  his  assistants,  with  force  and  arms, 
seized  the  United  Stales  armory  at  Har 
pers  Ferry,  Va.  (now  West  Virginia). 
In  this  armory  was  stored  about  ioo,oco 
stands  of  small  arms  belonging  to  the  Gov- 
(  rnment.  The  avowed  object  of  Brown 
was  to  free  the  negro  slaves  of  the  South, 
und  the  seizure  of  this  armory  with  its 
stock  of  arms,  etc.,  was  the  beginning  of 
his  operations.  The  niiliti.i  of  the  Slate 
was  hastily  summoned,  and  attacked  him 
and  his  associaies.  After  a  somewhat 
desperate  fight,  in  which  he  was  wound 
ed,  they  were  captured.  He  was  tried  by 
a  jury,  condemned,  and  on  Dec.  z  was 
executed  by  hanging. 

Buchanan,  Franklin,  commander  of 
squadron  in  battle  of  Hampton 
Roads,  197,  210. 

Resolution  of  thanks  tendered  com 
mand  of,  230. 

Building,  Public,  appropriation  for 
construction  of,  in  Richmond, 
Va.,  recommended,  31^- 

Bull  Run,  Va.,  Battles  of. 

Hull  llua  is  the  i.ame  of  a  small  ri\  IT 
i"i  Virginia,  near  which  two  battles  wen- 
fought,  about  30  miles  southwest  ol 
Washington  City.  The  first  battle  oc 
curred  July  21,  iSor.  The  Federals,  about 
j^.ooo,  commanded  by  Gen.  McDowell, 
were  defeated  by  the  Confederates,  about 
31,000,  commanded  by  Gen.  Beauregard. 
Loss  of  Federals,  2, 952;  of  Confederates, 

!  .75--- 

The  second  battle  occurred  at  this  place 
Aug.  29,  30,  iS02.  1  he  Federals,  35,000, 
commanded  by  Gen.  Pope,  were  defeated 
by  the  Confederates,  about  44,000,  com 
manded  by  Gen.  Lee.  Federal  loss,  15,- 
ooo;  Confederate  loss,  8,400.  The  Con 
federates  called  these  battles  the  first  ard 
>eco:  d  battles  of  Manassas.  The  engage 
ment  of  Aug.  29,  30  is  also  called  the  bat 
tle  of  Groveton. 

First  battle  of — 

Dispatch    of    President  Davis  to 

Congress  regarding,  124. 
Referred  to,  137. 
Second  battle  of — 
Discussed,  240. 

Referred     to     in     proclamation, 
268. 


Bureaus.     (See  the  several  bureaus.) 

Burley,  Bennett  G.,  arrest  of,  procla 
mation  regarding,  565. 

Burnside,  Ambrose  E.,  army  under- 
Defeated,  241,  276. 
Retreat     of,     from      Chattanooga, 
Tenn.,  347. 

Burton,  James  H.,  report  of,  regarding 
machinery  removed  from  Harp 
ers  Ferry  transmitted,  125. 

Burwell's  Bay,  defenses  of,  referred 

tO,    2O 2. 

Butler,  Andrew  J.,  mentioned,  272. 
Butler,  Benjamin  F.: 

Atrocious  conduct  of,  referred  to, 

23^  379- 

Proclaimed  an  outlaw,  269. 
Discussed,  289. 


Cabinet. 

Is  the  name  given  to  the  advisers  of  the 
President.  The  Cabinet  officer  in  each 
case  is  the  head  of  an  Executive  Dej  art 

iment.  '\  he  Confederate  President  was 
given  power  by  the  Constitutioi  to  re 
move  members  of  his  Cabinet  at  will,  and 
Cor  gress  was  authori/.ed  to  provide  seats 
for  them  in  either  House,  with  the  privi 
lege  of  participating  in  debaies  on  sub 
jectb  pertaining  to  their  respective  De 
partments.  These  provisions  are  not  in 
the  Constitution  of  the  United  States. 
The  Confederate  Secretaries  of  State  were 
Robert  Toombs,  of  Ga.,  Robert  M.  T. 
Hunter,  of  Va.,  William  M.  Browne,  of 
Ga.,  uJ  interim,  and  Judah  P.  Benjamin, 
of  La.;  of  the  Treasury,  Charles  G.  Mem- 
minger  and  George  A.  Trenholm,  of  S.  C. ; 
of  War,  Leroy  Pope  Walker,  of  Ala., Ju 
dah  P.  Benjamin,  of  La.,  George  W.  Ran 
dolph,  Gustavus  W.  Smith,  and  James  A. 
Seddon,  of  Va.,  and  John  C.  Breckin- 
ridge,  of  Ky.;  of  the  Navy,  Stephen  R. 
Mallorv,  of  Fla.;  Postmaster  General, 
John  II.  Reagan,  of  Tex.;  Attorneys  Gen 
eral.  )udah  P.  Benjamin,  of  La.,  Thoma> 
Bratru",  of  N.  C.,  Thomas  II.  Watts  ami 
Wade  Keyes,  of  Ala.,  ad  interim,  and 
George  Davis,  of  N.  C. 

Cable  at  Charleston,  S.  C.,  appropria 
tion  for,  recommended,  319. 

Cadets,    appointment    and    duties  of, 
recommendations  regarding,  80. 


584 


Messages  and  Papers  of  the  Confederacy. 


Campbell,  John   A.,  intermediary  in 
peace  negotiations: 

Correspondence  between  Confed 
erate  commissioners,  Mr.  Seward 
and,  84. 

Peace  commissioner  to  United 
States,  report  of,  520. 

Referred  to,  70. 

Services  of,  discussed,  82. 
Capital,  Confederate  States,  removed 
from  Montgomery,  Ala.,  to  Rich 
mond,  Va.,  117. 

Resolution  providing  for,  vetoed, 

100. 

Carnifex  Ferry,  W.  Va.,  Battle  of. 

A  battle  near  the  town  of  Carnifex 
Ferry,  Nicholas  County,  W.  Va.,  Sept. 
10,  1861.  The  Federals,  10,000,  were  com 
manded  by  Gen.  Rosecrans;  the  Confed 
erates,  about  2,000,  by  Gen.  Floyd.  The 
latter  retreated  to  the  mountains.  Losses 
small  on  each  side. 

Carpetbaggers. 

In  the  early  years  succeeding  the  war, 
many  of  the  Southern  States  were  con 
trolled  in  their  local  governments  by  reck 
less  adventurers  who  had  sought  tempo 
rary  residence  in  these  States,  and  who 
succeeded  by  artful  appeals  to  the  negroes 
in  obtaining  control  of  their  votes.  They 
excluded  the  better  class  of  whites  from 
the  ballot  box,  levied  fraudulent  taxes, 
and  piled  up  enormous  State  debts.  It  was 
charged  upon  them  that  they  never  intend 
ed  to  become  permanent  citizens  of  these 
States,  that  they  were  only  seeking  of 
fices,  and  that  they  carried  all  their  es 
tates  and  effects  in  carpetbags;  hence  the 
name. 

Carrick's  Ford,  W.  Va.,  action  at,  re 
ferred  to,  198. 
Carthage,  Mo.,  Battle  of. 

A  battle  near  the  town  of  Carthage, 
Jasper  County,  Mo.,  July  5,  1861.  The 
Federals,  about  1,500,  were  commanded  by 
Gen.  Sigel;  the  Confederates,  about  3,500, 
by  Gen,  Sterling  Price.  Federal  loss,  13 
killed,  and  31  wounded;  Confederate  loss, 
about  40  killed,  and  125  wounded. 

Cedar  Creek,  Va.,  Battle  of. 

A  battle  near  Cedar  Creek,  a  smill 
stream  in  the  Shenandoah  Valley,  Va., 
which  Hows  into  the  Shenandoah  River, 
about  four  miles  from  Strasburg,  on  Oct. 
19,  1864.  The  Confederates,  commanded 


by  Gen.  Early,  attacked  the  Federals, 
under  Gen.  Wright,  who  was  in  com 
mand  during  the  temporary  absence  of 
Gen.  Sheridan,  and  captured  24  guns  and 
about  1,600  prisoners.  Gen.  Sheridan  re 
turned,  assumed  command,  and  later  the 
same  day  attacked  the  Confederates  and 
defeated  them.  Federal  loss  in  the  two 
engagements,  about  6,000;  Confederate 
loss,  about  4,200. 

Cedar  Mountain,  Va.,  Battle  of. 

A  battle  about  2  miles  west  of  Mitch - 
rll's  Station,  Culpepcr  County,  Va.,  Aug. 
y,  1862.  The  Federals,  8,000,  commanded 
by  Gen.  Banks;  the  Confederates,  about 
20,000,  by  Gen.  T.  J.  Jackson.  The  Fed 
erals  were  defeated,  with  a  loss  of  1,500; 
Confederate  loss,  1,300. 

Census,  constitutional  requirement 
regarding  taking  of,  discussed, 
364- 

Champion  Hills,  Miss.,  Battle  of. 

A  battle  in  Hinds  County,  Miss.,  be 
tween  Jackson  and  Vicksburg,  May  16, 
1863.  The  Federals,  32.00),  were  com 
manded  by  Gen.  Grant;  the  Confeder 
ates,  about  25,000,  commanded  by  Gen. 
Pemberton.  The  Confederates  retreated, 
with  a  loss  of  about  2,500;  Federal  loss, 
about  the  same  number.  This  battle  is 
also  called  the  battle  of  Baker's  Creek. 
Referred  to,  386. 
Chancellorsville,  Va.,  Battle  of. 

A  battle  near  the  village  of  Chancel 
lorsville,  Spottsylvania  County,  Va.,  55 
miles  to  the  northwest  of  Richmond,  May 
2-4,  1863.  The  Federals,  132,000,  com 
manded  by  Gen.  Hooker;  the  Confeder 
ates,  65,000,  by  Gen.  Lee.  The  Federals 
were  defeated,  with  a  loss  of  17,000;  Con 
federate  loss,  12,281.  Gen.  Thomas  J. 
Jackson  was  killed  here. 

Chantilly,  Va.,  Battle  of. 

A  battle  near  the  village  of  Chantilly, 
Fairfax  County,  Va.,  20  miles  west  of 
Washington  City,  Sept.  i,  1862.  The 
Federals  were  commanded  by  Gen.  Pope; 
the  Confederates,  by  Gen.  T.J.Jackson. 
The  loss  of  the  former  was  about  1,300. 
including  2  generals,  Stevens  and  Kearny ; 
Confederate  loss,  800. 

Chaplains,  Military,  appointment  of, 
recommendations  regarding,  81. 
Charleston,  S.  C.: 

Defense  of,  discussed,  345,  403. 
Resolution   of    thanks   tendered 
soldiers  engaged  in,  425. 


Index. 


585 


Charleston,  S.  C.  (Continued): 

Siege  of,  discussed  and  referred  to, 

71,  78,  448. 

Submarine  telegraph  cable  at,  ap 
propriation     for,     recommended, 

319. 

Chattanooga,  Tenn.,  Battle  of.     (See 
Lookout    Mountain,     Battle     of; 
Missionary  Ridge,  Battle  of.) 
Cheatham,  Benjamin  F.: 

Report    of,    on    battle    of     Shiloh, 

Tenn.,  transmitted,  309. 
Resolution  of  thanks  tendered  com 
mand  of,  168. 
Cherokee  Indians: 

Appropriation   to  pay    interest   on 
Removal  and  Subsistence  Fund 
due,  recommended,  386. 
Hostile  attitude  of,  discussed,  ^95. 
Sums  invested  or    funded    for,  re 
ferred  to,  305. 
Treaty    \vith,    and    other    relations 

discussed,  149. 

Chesapeake  Bay,    vessels    in,  for  ex 
porting    cotton    or    tobacco    re 
ferred  to,  195. 
Chickahominy,  Va.,  Battle   of.     (See 

Cold  Harbor,  Battle  of.) 
Chickahominy  River,  survey  of,  with 
view  to  occupying  as  defensive 
line  discussed,  201. 
Chickamauga,  Ga  ,  Battle  of. 

A  battle  near  Chickamauga  River,  Ga., 
a  few  miles  to  the  south  of  Chattanooga, 
Tenn.,  Sept.  10,  20,  1863.  The  Federals, 
about  55,000,  were  commanded  by  Gen. 
Kosecrans;  the  Confederates,  about  50,000, 
by  Gen.  Bragg.  The  Federals  were  de 
feated  with  a  loss  of  over  i<\ooo.  Con 
federate  loss,  near  the  same  number. 

Discussed,  346. 
Referred  to,  452. 

Chickasaw  Indians,  treaty    with,  and 
other  relations  discussed,  149. 

Chief  Executive.     (See  Davis,  Jeffer 
son;  Lincoln,  Abraham.) 

Chief  of  Commissariat,  report  of,  trans 
mitted,  155. 

Chief  of  Engineers,  report  of,  trans 
mitted,  301. 


Chief  of  Ordnance,  report  of,  transmit 

ted  and  discussed,  301,374. 
Chilton,  William  P.,  mentioned,  31. 
Choctaw    Indians,    treaty    with,   and 

other  relations  discussed,  149. 
Citizens  of  Confederate  States: 

Addresses    of     President    to,    ^31, 

568. 

Exchange  or  release  of,  transported 
from    Confederacy    referred    to, 
3'6. 
Military  arrests  of,  referred  to,  243, 

304- 
List  of  prisoners  at  Salisbury,]^. 

C.,  referred  to,  308. 
Civil   Prisoners,  exchange  or  release 
of,  transported  from  Confederacy 
referred  to,  316. 
Civil  Rights  Act. 

An  act  of  Congress  of  the  United 
States,  passed  April  9,  iS66.  The  act  was 
passed  over  the  veto  of  President  John 
son.  Tiie  principal  section  provided  that 
all  persons  born  in  the  United  States,  and 
not  subjects  of  any  foreign  power,  exclud 
ing  Indians  not  taxed,  were  to  lie  recog 
nized  as  citizens  of  the  United  States,  the 
object  being  to  place  negroes  on  the  same 
civil  footing  as  white  persons.  Later,  In 
1^75,  a  more  stringent  act  with  similar  ob 
ject  was  passed.  These  acts  carried  pro 
visions  inflicting  severe  penalties  for  their 
violation.  In  18^3  the  Supreme  Court  of 
the  United  Slates  declared  the  main  sec 
tions  of  the  act  unconstitutional. 

Civil  War.  (See  War  between  the 
States;  encvclopedic  articles.) 

Cleburne,  Patrick  R.,  resolution  of 
thanks  tendered  command  of, 

4-5- 
Clingman,  Thomas  L.,  Commissioner 

of  North  Carolina  to  Confederate 

States,  98. 
Coal  and  Iron  in  Alabama  referred  to. 

305. 
Cobb,  Howell: 

Communication  from,  regarding 
preparation  of  Congressional  and 
constitutional  proceedings  trans 
mitted,  516. 

Mentioned,  239. 


586  Messages  and  Papers  of  the  Confederacy. 


Cockrell,  Francis  M.,  resolution  of 
thanks  tendered  command  of, 
480. 

Coffman,  W.  E.,  trial  and  conviction 
of,  referred  to,  403. 

Cold  Harbor,  Va.,  Battle  of. 

Two  battles  near  Cold  Harbor,  Han 
over  County,  Va.,  about  9  miles  northeast 
of  Richmond.  The  first,  June  27,  1862,  is 
also  known  as  the  battle  of  Gaines's  Mill. 
The  Federals,  about  20,000,  were  a  portion 
of  McClellan's  army,  commanded  by  Gen. 
Porter;  the  Confederates,  by  Generals  Lee 
and  Jackson.  The  Federals  were  driven 
across  the  Chickahominy,  with  a  loss  of 
nearly  7,000;  the  Confederate  loss  was 
less. 

The  second  was  fought  June  3,  1864. 
The  Federals,  about  150,000,  were  com 
manded  by  Gen.  Grant;  the  Confederates, 
about  60,000,  by  Gen.  Lee.  The  Federals 
were  defeated  with  a  loss  from  June  i  to 
June  12,  of  14,931.  Confederate  loss  less 
than  2,000. 

Commerce,  revocation  of  restrictions 
upon,  across  Rio  Grande  referred 
to,  317. 
Commerce,  Foreign: 

Act  amending  act  imposing  regula 
tions  on,  to  provide  for  public  de 
fense  vetoed,  466. 
Bill    imposing    regulations     upon, 

etc.,  discussed,  505. 
Regulations  on,  417. 
Commissariat,  inquiry  in  relation  to, 

125. 
Commissariat,    Chief    of,    report    of, 

transmitted,  155. 
Commissary  Department: 

Men  liable  to  conscription  removed 

from,  referred  to,  391. 
Officers   of,   failing   to    render  ac 
counts  referred  to,  407. 
Commissary  General,  report  of,  trans 
mitted,  255. 

Commissioners,  Confederate  States: 
Appropriations  for  sending,  recom 
mended,  76. 

Commissions    of,    explanation    re 
garding,  311. 

Correspondence  with,  transmitted, 
'55.  !96,  313.  3'5.  499,  5Q5- 


Commissioners,     Confederate     States 

(Continued): 
Discussed,  76,  279. 
Mission  of,  discussed,  279. 
Nomination  of,  57,  128,  311. 
Reasons    for    sending,    to    Russia 

transmitted,  315. 

Recall  of,  from  Great  Britain,  357. 
Seized  by  United  States  authorities, 

141.    (See  also  Trent  Affair.) 
Commissions  for  trials  of  offenses  in 

Army  recommended,  244. 
Compromise  of  1850. 

The  Compromise  of  1850  comprises  the 
passage  through  Congress  of  several 
measures  of  importance  affecting  more  or 
less  the  slavery  question.  The  chief  pro 
visions  of  these  measures  were  for  the 
admission  into  the  Union  of  California,  as 
a  free  State,  the  organization  of  the  Ter 
ritories  of  Utah  and  New  Mexico,  with 
out  restrictions  as  to  slavery,  the  abolition 
of  slave  trade  in  the  District  of  Columbia, 
and  a  fugitive  slave  law.  These  measures 
were  passed  largely  through  the  influence 
of  Henry  Clay. 

Confederate  Army.  (See  Army,  Con 
federate  States.) 

Confederate  Commissioners.  (See 
Commissioners,  Confederate 
States.) 

Confederate  Congress.  (See  Congress, 
Confederate  States.) 

Confederate  Constitution.  (See  Con 
stitution,  Confederate  States.) 

Confederate  Flag.  (See  Flag,  Confed 
erate  States.) 

Confederate  Navy.  (See  Navy,  Con 
federate  States.) 

Confederate  States  of  America. 

A  Confederacy  of  u  Slates  of  the 
United  States  which  seceded  therefrom 
in  1860-1861,  and  formed  an  independent 
government.  These  States  were  Ala 
bama,  Arkansas,  Florida,  Georgia,  Louisi 
ana,  Mississippi,  North  Carolina,  South 
Carolina,  Tennessee,  Texas,  and  Virginia. 
The  Executive  power  was  vested  in  a 
President  to  be  elected  for  6  years  and 
who  was  ineligible  for  reelection.  The 
legislative  power  was  vested  in  a  Sen 
ate  and  House  of  Representatives.  The 
judicial  power  was  vested  in  a  Supreme 


Index. 


Court  and  such  inferior  tribunals  as  Con 
gress  might  from  time  to  time  establish. 
The  provisional  Congress  met  at  Mont 
gomery,  Ala.,  Feb.  4,  1861,  and  on  Feb.  S 
adopted  a  provisional  Constitution.    Jef 
ferson  Davis,  of  Miss.,  was  chosen  pro 
visional    President,    and    Alexander    H. 
Stephens,  of  Ga.,  provisional  VicePresi-  j 
dent,  and  they  were  inaugurated  as  such  ; 
Feb.  18,  1861.     A  permanent  Constitution  j 
was    adopted    Mch.     n,    1861,    and    Mr.  ; 
Davis  and  Mr.  Stephens  were  chosen  as  j 
permanent  President  and  permanent  Vice  j 
President,  respectively,  Nov.  6, 1861,  and 
were   inaugurated    Feb.    22,     1862.     The 
permanent   capital    was   fixed    at    Rich 
mond,    Va.,  July   20,   1861.     The   United  \ 
States    Government    denied    the  right  of  I 
any  State  to  secede  from  the  Union,  and  [ 
a    bitter    war   ensued,   which    continued 
until  Apr.,  1865,  when  it  was  brought  to  a 
close  by  the  surrender  of  the  Confederate 
armies,  and    the  States  were  restored  to 
the  Union. 
Addresses   of    President  to  people 

of,  33 !»  568- 

Admission  into  Confederacy  of — 
Kentucky,  recommendations   re 
garding  application  for,  145. 
Missouri — 

Consideration  of  Congress  re 
specting,  requested  by  Presi 
dent,  144. 
Proclaimed,  166. 

New  States  and  Territories  dis 
cussed,  117,  137. 
North  Carolina,  117. 
Contemplated,  98. 
Tennessee,  117. 
Virginia,  77,  117. 
Alien  enemies  in — 

Banishment  of,  proclaimed,  131. 
Regulations  respecting,  132. 
.Sequestration    of    estates    of,  re-  | 

ferred  to,  308. 

Appropriation  for  support  of,  rec-  | 
ommended,  199,  313,  317,  387,  402,  | 
404,  451,  454,  455,  517,  539- 
Army  of.    (See  Army,  Confederate 

States.) 

Attitude  of  United  States  toward, 
and  beginning  of  war  discussed, 
32,63,  117,  184,  277. 


Confederate  States  of  America  (Con 
tinued): 
Belligerency  of,  recognized  by  for 

eign  powers  referred  to,  280. 
Blockade  of  ports  of — 

Binding  effect  of,  and  attitude  of 
foreign  powers  regarding,  dis 
cussed,  142,  282,  349. 
Proclamation    announcing,    dis 
cussed,  76. 
Bonds  of — 

Act  amending  act  to  reduce  cur 
rency  and  authorize  new  issue 
of  notes  and,  vetoed,  470. 
Act  of    South  Carolina  offering 

guaranty  of,  transmitted,  309. 
Bounty,   to    soldiers  referred  to, 

489; 

Provision  for  borrowing  on,  dis 
cussed,'  361. 

British  consul  to,  exequatur  of,  re 
voked,  325. 
Referred  to,  360. 

Capital    of,    removed    from    Mont 
gomery,    Ala.,   to     Richmond, 
Va.,  1 17. 
Resolution  providing  for,  vetoed, 

100. 
Citizens  of — 

Addresses    of    President  to,  331, 

568. 

Exchange    or    release    of,    trans 
ported  from,  referred  to,  316. 
Military  arrests  of,  243,  304. 
List  of  prisoners  at  Salisbury, 

N.  C.,  referred  to,  308. 
Commissioner  of  Kentucky  on  sub 
ject  of  banks  sent  to,  148. 
Commissioner  of    North   Carolina 
on  subject  of  admission  of  State 
into    Confederacy  accredited  to, 
98. 

Commissioners  of.     (See  Commis 
sioners,  Confederate  States.) 
Commissioners    of     Kentucky    on 
subject  of  admission  of  State  into 
Confederacy  sent  to,  145. 
Congress  of.     (See  Congress,  Con 
federate  States.) 


588  Messages  and  Papers  of  the  Confederacy. 


Confederate  States  of  America  (Con 
tinued): 

Constitution  of.  (See  Constitution, 
Confederate  States.) 

Constitutional  rights  of  States  dis 
cussed,  32,  63,  121,  184,  277. 

Conventions  of.  (See  Treaties, 
hereunder.) 

Court,  Supreme,  of,  organization 
of,  recommended,  192. 

Credit  of,  discussed,  192,  293. 

Debt  of,  discussed,  192,  293, 363,  488. 

Diplomatic  relations  discussed,  76, 
M2,  278,  348,  444,  485. 

Disaffection  and  disloyalty  in,  dis 
cussed,  395. 

Expenditures  of — 

Appropriation   for,    recommend 
ed,  199,  3J3i  3X7>  3S7>  4°2,  4°4> 
45i,  454.  455.  5'7i  539- 
Discussed,  191,  488. 

Expressions  of  sympathy  from 
France  discussed,  288. 

Flag  of.  (See  Flag,  Confederate 
States.) 

Foreign  relations  discussed,  76,  142, 
278,  348,  444,  485. 

Former  relations  with  United 
States  discussed,  32,  63,  184,  277. 

Growth  of,  discussed,  186. 

Loans  contracted  by.    (See  Loans.) 

Ministers  of.  (See  Ministers,  Con 
federate  States.) 

Navy  of.  (See  Navy,  Confederate 
States.) 

Number  of  troops  furnished  by 
States  of,  referred  to,  246. 

Presidentof.  (See  Davis,  Jefferson.) 

Property  seized  by.  (See  Private 
Property.) 

Provision  for  support  of,  recom 
mended,  199,  313,  317,  387,  402, 
404,  451,  454,  455,  517,  539. 

Provisional  Army  of.  (See  Army, 
Confederate  States.) 

Provisional  Constitution  of.  (See 
Constitution,  Confederate 
States.) 


Confederate  States  of  America  (Con 
tinued): 

Recognition  of  independence  of — 
Attitude  of  powers  regarding. 

discussed,  279,  348,  444,  485. 
Commissioners    sent  to  request. 

76. 

Intervention  not  desired,  487. 
Request  for,  discussed,  142. 

Revenues  of.     (See  Finances.) 

Seat  of  Government  of,  removed  to 

Richmond,  Va.,  117. 
Resolution  providing  for,  vetoed, 
100. 

Secession  of,  discussed  and  referred 
to,  32,  63,  117,  184,  278. 

Supreme  Court  of,  organization  of, 
recommended,  192. 

Taxation  in.  (See  Tax,  War;  Tax 
ation;  Taxes.) 

Transfer  of  military  supplies  from 
State  depositories  to,  legislation 
for,  recommended,  56. 

Transportation  facilities  of,  dis 
cussed,  and  recommendations  re 
garding,  8 1,  139,  151,  236,  249, 

295,  492,  533.  536- 
Treaties  of,  with — 
Foreign  powers — 
Discussed,  360. 
Disregarded  by,  444. 
Not  binding,  360. 
Indians — 

Discussed,  149,  295. 
Faithful  observance  of,  by,  238. 
Report  on,  transmitted,  198. 
Missouri,  144. 
Tennessee,  99. 
Virginia,  82. 

Commission    for    negotiating. 

62. 

Referred  to,  77. 
Discussed,  77. 
Proclaimed,  102. 
Vice  President  of.     (See  Stephens, 

Alexander  H.) 

Confederate   Veterans.     (See   United 
Confederate  Veterans.) 


Index. 


589 


Confiscation    Bill    passed    by   United 

States  Congress  discussed,  233. 
Confiscation  of  Property: 

Belonging    to    alien    enemies    re 
ferred  to,  308. 
Brandy,  referred  to,  5115. 
Claims  for,  referred  to,  401. 

Appointments  under  act  for  pay 
ment  of,  referred  to,  502. 
Appropriation    to     pay,    recom 
mended,  247,  296,  395. 
Recommendations  regarding 

payment  of,  546. 

la  Petersburg  and  Lynchburg  re 
ferred  to,  304. 

Payment   of   assessments   of  dam 
ages  by  officers  without  interven 
tion  of  courts-martial  or  boards 
of  survey  referred  to,  390. 
Referred  to,  247,  262,  301,  308,  310, 

3n. 

Taxes  due  on,  referred  to,  153. 
Temptation    to    hoard    supplies 

checked  by  impressment,  374. 
Congress,  Confederate  States. 

The  legislative  powers  of  the  Confed 
erate  States  were  vested  in  the  Congress, 
which  was  organized  along  the  same  lines, 
and  was  clothed  with  similar  authority  to 
that  exercised  by  the  Congress  of  the 
United  States.  The  first,  or  Provisional, 
Congress  was  organized  in  Montgomery, 
Ala.,  Feb.  4,  iS6i.  The  first  session  of 
the  Permanent  Congress  was  organized 
In  Richmond,  Va.,  Feb.  iS,  iS6->. 

Act  providing  for  holding  elections 
for  Representatives  in  Tennessee 
vetoed,  324. 

Adjournment  of,  postponement  of, 

requested,  539. 
Referred  to,  544. 

Advice  of  Senate  regarding  neces 
sity  of  renominating  certain  offi 
cers  requested,  246. 

Bills  and  acts  retained  by  Presi 
dent,  reasons  therefor,  214. 

Constitutional  powers  of  Executive 
and  Senate  regarding  nomina 
tions  discussed,  388. 


Congress,   Confederate    States  (Con 

tinued): 

Employees    of,     estimate     for    in 
creased  compensation  of,  trans 
mitted,  456. 
Act  relative  to,  recommendations 

regarding,  513. 

Extraordinary    sessions   of    Provi 
sional,  convened,  60,  133. 
Information  requested  by  House  re 
garding  naval  employees  abroad 
refused,  reasons  therefor,  302. 
Members  of,  estimate  of  increased 
salary   and    mileage   of,  trans 
mitted,  456. 
Act  relative  to,  recommendations 

regarding,  513. 
Message  to — 

Error  in,  corrected,  83,  299. 
Return  of,  requested,  299. 
Preparation    of  journals  of  Provi 
sional,  referred  to,  516. 
Provisional,  invited  to  hold  session 

in  Memphis,  Tenn.,  100. 
Request   of    House  that  President 
cause  State  Department  to  trans 
mit  estimate  for  diplomatic  affairs 
refused,  reasons  therefor,  253. 
Resolution    providing  for  meeting 
of,  in  Richmond,  Va.,  vetoed,  100. 
Resolutions  of  thanksof.    (See  Re^- 

olutions  of  Thanks.) 
Transcript   of    Senate    journal    re 
quested,  570. 

Transmission  of  Army  report  re 
quested  by  House  referred  to, 
192. 

Congress   of  Paris,  principles  of  war 
declared  by,  discussed,  283,  349, 

358,  359- 

Conscription  Law: 
Act— 

Diminishing  number  of  exemp 
tions  and  details,  recommen 
dations  regarding,  540,  547. 
Regulating  business  of  conscrip 
tion,  recommendations  regard 
ing,  542. 


590  Messages  and  Papers  of  the  Confederacy.. 


Conscription  Law  (Continued): 

Discussed,    anil    recommendations 
regarding,  205,  212,  234,  236,  294, 

3I3>37°.  4°4»49i- 
Enforcement  of — 

In  Georgia  referred  to,  250. 
Men    employed    in,    referred   to, 

387. 
Mode   of  providing   officers  for, 

recommended,  448. 
Referred  to,  300. 

Joint  resolution  in  regard  to  exemp 
tion    of    editors   and    newspaper 
employees  vetoed,  465. 
List  of  exempts   transmitted,   383, 

501,  518,531,534. 
Number  of  men  subject  to- 
Referred  to,  534. 
Removed  from  Commissary  and 
Quartermaster's      Department 
to  give  places  to  disabled  sol 
diers  referred  to,  391. 
Proclaimed,  326. 
Conscription  Service: 

Appropriation    for,    recommended, 

402. 

Authority  to  raise   troops   of   con 
script  age  referred  to,  401. 
Disabled  persons  enrolled  referred 

to,  256. 
Constitution,  Confederate  States. 

The  delegates  from  the  States  which 
formed  the  Confederacy  assembled  in 
Montgomery,  Ala.,  Feb.  /;,  1861,  in  a  Pro 
visional  Congress,  and  adopted  a  tempo 
rary  or  Provisional  Constitution.  Lat 
er  they  adopted  a  permanent  Constitution 
for  the  Government  of  the  Confederacy, 
and  which  was  duly  ratified  by  the  States 
thereof.  In  his  inaugural  address,  pagt-s 
35  and  36,  President  Davis,  addressing 
himself  to  this  subject,  said,  "We  have 
adopted  a  Constitution  differing  only 
from  that  of  our  fathers  (the  Constitution 
of  the  United  States)  in  so  far  as  it  is  ex  - 
plan  'tory  of  their  well-known  intent, 
freed  from  sectional  conflicts;"  and  again, 
in  the  same  address,  he  said,  "  We  have 
changed  the  constituent  parts,  but  not  the 
system  of  government.  The  Constitution 
framed  by  our  fathers  is  that  of  these 
Confederate  States.  In  their  exposition 


of   it,  and  in  the  judicial  construction  Is 
has  received,  we  have  a  light  which  re 
veals  its  true  meaning." 
Permanent,  37. 
Adoption  of,  by  — 

Arkansas,  117. 

North  Carolina,  117. 

Tennessee,  anticipated,  117. 

Virginia,  117. 
Discussed,  184. 
Preparation  of  proceedings  of 

convention    framing,    referred 

to,  516. 

Ratification  of,  referred  to,  63. 
Signers  of,  53,  54. 
Provisional,  3. 

Amendment  to,  10. 

Discussed,  35. 

Preparation    cf    proceedings    of 

convention    framing,    referred 

to,  5 1 6. 

Ratification  of,  by  Missouri,  re 
ferred  to,  144. 
Signers  of,  13,  14. 
Constitution,  United  States. 

The  Constitution  is  the  fundamental  or 
organic  law  of  the  United  Slates.  It  is 
written,  and  was  framed  by  the  conven 
tion  which  assembled  in  Philadelphia 
May  25,  1787,  and  adjourned  Sept.  17,  of 
that  year.  It  was  submitted  lo  the  States 
for  their  ratification,  was  ratified  by  them, 
each  State  acting  separately,  and  went 
into  effect  March  4,  17-So. 

Constitutional  Rights  of  States  dis 
cussed,  32,  63,  121,  184,  277. 

Consul,    British,     exequatur    of,    re 
voked,  325. 
Referred  to,  360. 

Convention  of  Railroad  Presidents: 
Referred  to,  81. 

Resolutions  adopted  at,  requesting 
aid  of  Government  for  construc 
tion  of  lines  transmitted,  152. 

Conventions.     (See  Treaties.) 

Cooke,  James  W.,  resolution  of  thanks 
tendered  command  of,  480. 

Cooke's  Brigade,  resolution  of  thanks 
tendered,  430. 


Index. 


59* 


Cooper,  Samuel,  General,  Confederate 
Army,  nomination  of,  129,  306. 

Coosaw  River,  engagement  at,  re 
ferred  to,  200. 

Copperhead. 

A  name  given  to  citizens  of  the  North 
ern  States  of  the  Union  who  sympathized 
with  the  people  of  the  South  during-  the 
war. 

Corinth,  Miss.,  Battle  of. 

A  battle  near  the  town  of  Corinth,  in 
northeastern  Mississippi,  Oct.  3,  4,  1862. 
The  Federals,  20,000,  were  commanded 
by  Gen.  Rosecrans,  and  defeated  the  Con 
federates,  commanded  by  Generals  Van 
Dorn  and  Price.  The  loss  of  the  former 
was  about  2,500,  and  the  latter  about 
4,000. 

Cotton: 

Accumulated  by  Treasury  Depart 
ment  referred  to,  390. 

Non-destruction  of,  in  Savannah, 
Ga.,  referred  to,  533. 

Protection  for,  under  control  of 
Secretaries  of  Treasury  and  War 
referred  to,  503. 

Purchased  for  Government  in  Lou 
isiana  referred  to,  311. 

Sale  of,  in  foreign  markets  under 
cover  of  certificates  referred  to, 
3i7- 

Sale  or  hypothecation  of,  or  cotton 
certificates  in  Europe  referred  to, 

3*9- 

Use  of,  as  means  of  procuring  sup 
plies  for  Army,  530. 
Vessels  in  Chesapeake  Bay  for  ex 
porting  referred  to,  195. 

Cotton  Bureau  established  in  Texas 
referred  to,  530. 

Cotton  Loans,  Foreign,  referred  to,  383, 
390,  488. 

Counterfeiting  of  Confederate  money 
by  citizens  of  United  States  dis 
cussed,  233,  235,  471. 
Appropriation  for  detecting  persons 
engaged  in,  recommended,  239. 

Court  of  Admiralty  and  Maritime  Ju 
risdiction,  act  to  establish,  in  Mis 
sissippi  vetoed,  101. 


j  Court,  Supreme,  organization  of,  rec 
ommended,  192. 

Courts,  organization  of,  discussed,  78. 
Courts-martial: 

Findings  of,  referred  to,  300,  303. 
Recommendations   regarding,  244, 

448»  53s- 
Reports  of,  in    cases    of   desertion 

and     drunkenness,     transmitted, 
255,  3°3. 

Courts,  Military,  recommendations  re 
garding,  448,  538. 

Covington  and  Ohio  Railroad,  commu 
nication  from   President  of  Cen 
tral   Railroad  urging  completion 
of,  discussed,  i  c;i. 
Cox,  J.  D.,  report  of  Gen.  Marshall  on 

attack  on,  transmitted,  245. 
Crawford,  Martin   J.,  peace  commis 
sioner  to  United  States: 
Conduct   of    Federal    Government 

in  negotiations  discussed,  70. 
Correspondence  between  Secretary 
Sevvard,   Judge  Campbell,  and 
commissioners,  84. 
Transmitted,  82. 
Nomination    and    appointment  of, 

55.  56- 

Credit,  Public,  discussed,  192,  293. 

Creek  Indians,  treaty  with,  and  other 
relations  discussed,  149. 

Crittenden,  George  B.,  report  of,  on 
battle  of  Fishing  Creek,  Ky.,  re 
ferred  to,  200. 

Crittenden   Compromise. 

A  measure  urged  by  John  J.  Critten 
den,  of  Ky.,  in  the  Senate  of  the  United 
States  in  iS6o-iS6i,  for  harmonizing  the 
sections  of  the  country,  and  compromis 
ing  some  of  the  slavery  questions.  Tin- 
measure  provided  among  other  things  for 
the  reestablishment  of  the  slave  line  of 
36°  30',  and  for  the  better  enforcement  of 
fugitive  slave  laws. 

Cross  Keys,  Va.,  Battle  of. 

A  battle  in  Rockingham  County,  Va., 
about  20  miles  to  the  northeast  of  Staun 
ton,  June  S,  1862.  The  Federals,  18,000, 
were  commanded  by  Gen.  Fremont;  the 
Confederates,  about  8,000,  by  Gen.  T.  J. 
Jackson.  Federal  loss,  625;  Confederate 
loss,  287. 


592  Messages  and  Papers  of  the  Confederacy. 


Cruizebearr,  Robert,  mentioned,  266. 
Cumberland  Gap,  Tenn.,  surrender  of, 

discussed,  346. 

Currency.     (See  Treasury  Notes.) 
Curry,  Jabez  L.  M.,  mentioned,  29,  30. 
Curtis,  Samuel  R.,  mentioned,  214. 

D 

Danville,  Va.,  railroad  from  Greens 
boro,  N.  C.,  to,  recommended, 
140,  152. 

Davis,  Jefferson,  President  Confederate 
States: 

Addresses  of,  to — 
Army  of — 

Eastern  Virginia,  229. 
Richmond,  228. 
Indian  tribes,  477. 
People    of    Confederate    States, 

331,  568. 

Soldiers    of   Confederate  States, 
335,414- 

Advice  of  Senate  regarding  neces 
sity  of  renominating  certain  offi 
cers  requested  by,  246. 

Appropriations  recommended  by. 
(See  Appropriations.) 

Biographical  sketch  of,  17. 

Causes  leading  up  to  War  between 
the  States  discussed  by,  32,  63 
(see  also  60,  70,  78,  82),  117,  184, 
277. 

Constitutional  powers  of  Executive 
and  Senate  regarding  nomina 
tions  discussed  by,  388. 

Constitutional  rights  of  States 
discussed  by,  32,  63,  121,  184, 
277. 

Election  of,  as  President  of  Provi 
sional  Government,  29. 
Notification  of,  30. 

Extraordinary  session  messages  of, 
63,  134- 

Extraordinary  sessions  of  Congress 
convened  by,  60,  133. 

Finances  discussed  by,  and  recom 
mendations  regarding,  77,  123, 
'39,  191,  235,259,  293,  361,446,488, 
532,  545. 


Davis,  Jefferson,  President  Confederate 

States  (Continued): 
Foreign  relations  discussed  by,  76, 

142,  278,348,444,485. 
Inaugural  address  of — 

First,  32. 

Second,  183. 
Inauguration  of— 

First,  31. 

Second,  181. 
Information    requested    by    House 

regarding    naval    employees 

abroad  refused  by,  reasons  there 
for,  302. 
Letter  of,  to  President  Lincoln — 

Introducing  peace  commission 
ers,  55. 

Regarding    treatment    and     ex 
change  of  prisoners  of    war, 

11 5,  343- 

Referred  to,  121. 
Nominations   of.     (See    Executive 

Nominations.) 
Peace  negotiations — - 

Conduct,  of  Federal  officials  re 
garding,  discussed  by,  70. 
Correspondence    between    Con 
federate  commissioners,  Sec 
retary    Seward,  and  Judge 
Campbell,  84. 
Transmitted,  82. 
Discussed  by,  497,  519,  549. 
Hampton  Roads  conference  dis 
cussed,  519,  549. 
Message    and    correspondence 

of  President  Lincoln,  521. 
Report  of  commissioners,  520. 
Military  convention  for,  referred 

to,  550,  552. 

Refusal  of  United  States  to  enter 
into,  discussed  by,  70,  82,  381, 
5IQ,  550. 

Willingness  of  any  State  of 
United  States  to  enter  into  con 
vention  regarding,  referred  to, 
500. 

Pocket  veto  of,  organizing  general 
staff  for  armies,  457. 


Index. 


593 


Davis,  Jefferson,  President  Confederate 

States  (Continued): 
Portrait  of,  16. 
Proclamations  of — 

Admission  of  Missouri  into  Con 
federacy,  166. 

Banishing  alien  enemies,  131. 
Belligerent  expedition,  565. 
Conscription,  326. 
Declaring  Benjamin  F.  Butler  an 

outlaw,  etc.,  269. 
Extraordinary    sessions   of   Con 
gress  convened,  60,  133. 
Fasting  and  prayer,  103,  135,  217, 
227,    268,    324,    328,    412,  563, 
567- 

Order  regarding,  56^. 
Habeas  corpus,  suspending  writ 

Of,  219,    220,    221,    222,    223,    224, 

225, 226. 

Inviting   applications    for  letters 

of  marque  and  reprisal,  60. 
Referred  to,  75. 

Measures  of  retaliation  for  crimes 
committed  by  United  States  of 
ficers,  269. 

Organization  of  Arizona  Territo 
ry,  167. 

Pardoning  soldiers  guilty  of  ab 
sence  without  leave  and  deser 
tion,  329. 
Revoking    exequatur   of    British 

consul,  325. 
Savannah  commissioned  private 

armed  vessel,  102. 
Thanksgiving.    (See  Fasting  and 

Prayer,  hereunder.) 
Treaty  with  Virginia,  102. 
Request  of    House   that  President 
cause  State  Department  to  trans 
mit  estimate  of  expenses  for  dip 
lomatic  affairs    refused    by,  rea 
sons  therefor,  253. 
Secession    of    Confederate    States 
discussed  and  referred  to  by,  32, 
63,  117,  184,  278. 

Secretary    of,  appointment   of,  re 
ferred  to  by,  200. 
38 


Davis,  Jefferson,  President  Confederate 

States  (Continued): 
Slavery,  and    rights   of    States  re 
garding,  discussed  by,  66. 
Special    session    messages    of,   63, 

134. 

Special   sessions  of  Congress  con 
vened  by,  60,  133. 
State  of  the  Confederacy  discussed 
bJ,  32,  63,  117,  136,  184,  189,  232, 
^  -7^>  296,  345,  443,  482,  544. 
Stephens,    A.    II.,    correspondence 
regarding     appointment     of,     as 
military   commissioner   to    Unit 
ed  States,  339. 
Veto  messages  of — 

Abolishing  office  of  certain  quar 
termasters,  etc.,  559. 
Acceptance    of    volunteer    regi 
ment  from  Texas,  160. 
Amending  act- 
Aiding  Kentucky,  408. 
Establishing     and     organizing 
general  staff  for  Army,  262. 
Establishing     and     organizing 

Provisional  Army,  263. 
Imposing  regulations  upon  for 
eign   commerce    to    provide 
for  public  defense,  466. 
Reducing  currency  and  author 
izing  new  issue  of  notes  and 
bonds,  470. 
Authorizing — 

Appointment   of  artillery  offi 
cers  for  ordnance  duty,  466. 
Appointment  of  additional  as 
sistant  surgeons  in  Army,  130. 
Free  mailage  of  newspapers  to 

soldiers,  556. 

Building  vessels  of  war,  266. 
Claim   of  McDaniel  and   Ewing, 

472. 

Congressional  elections  in  Ten 
nessee,  324. 
Creating    office    of    commanding 

general,  215. 

Directing  how  prize  money  shall 
be  paid,  2 16. 


594  Messages  and  Papers  of  ike  Confederacy. 


Davis,  Jefferson,  President  Confederate 

States  (Continued): 
Veto  messages  of — 

Encouraging  manufacture  of 
small  arms,  158. 

Establishing  court  of  admiralty 
and  maritime  jurisdiction  in 
Mississippi,  101. 

Exemption  of  editors  and  news 
paper  employees,  465. 

Granting  furloughs,  162. 

Increasing  number  of  midship 
men  in  Navy,  553. 

Increasing  strength  of  heavy  ar 
tillery  for  seacoast  defenses, 
320. 

Organizing  general  staff  for 
armies,  reasons  for  applying 
pocket  veto,  457. 

Pay  and  allowances  of  deceased 
soldiers,  216. 

Payment  of  arrears  due  Army 
and  Navy,  561. 

Promotion  of  officers  in  certain 
cases,  558. 

Raising  and  organizing  troops  in 
Missouri,  160. 

Regulating  furloughs  and  dis 
charges,  156. 

Relief  of  Bible  Society,  267. 

Removal  of  seat  of  government 
from  Montgomery  to  Rich 
mond,  100. 

Reorganize  and  promote  efficien 
cy  of  Medical  Department,  263. 

Repealing  law  authorizing  natu 
ralization  of  aliens,  165. 

Slave  trade,  59. 

Veteran  Soldiers'  Home,  409. 
War  between  the  States  discussed 

by,  72, 78, 122, 124,  136,  i39,  185, 

189,     196,     197,    208,    210,    232,    240, 

276,  332,   345,  448»  482,  544. 
Davis  Guards,    resolution    of   thanks 

tendered,  424. 

Day's  Point,  referred  to,  202. 
Debt,  Public,  discussed,  192,  293,  363, 

488. 


Deceased  Soldiers: 

Act  relative  to  pay  and  allowances 

of,  vetoed,  216. 
Settlement  of    claims  of,  referred 

to,  305. 
Decoration  Day. 

A  day  set  apart  in  the  United  States, 
on  which  to  commemorate  memories  of 
the  soldiers  and  sailors  who  fell  in  the 
Civil  War.  On  this  day  the  people  pay 
tribute  to  the  dead  by  processions,  public 
speeches,  and  by  the  decoration  of  graves 
with  flowers.  The  day  was  first  called 
Memorial  Day.  It  originated  in  thp 
South  during  the  war.  May  30  is  the 
day  usually  observed.  Decoration  Day 
has  been  declared  by  Congress  a  national 
holiday  in  the  District  of  Columbia  and 
in  the  territories. 

Defense,  Public: 
Act- 
Amending  act  to  impose  regula 
tions  on  foreign  commerce  to 
provide  for,  vetoed,  466. 
Increasing  strength  and  efficien 
cy   of  heavy  artillery  for  sea- 
coast  defense  vetoed,  320. 
Preparations  for,  discussed  and  re 
ferred  to,  189,  201,  204,  208. 
Provision  for,  recommended,  34, 63, 

128,  196,203,  544. 
Referred  to,  250. 
Submarine      defenses      discussed, 

204. 

Department  of  East  Tennessee,  mar 
tial  law  in,  proclaimed,  and  orders 
regarding,  224. 

Department    of  Mississippi  and  East 
Louisiana,  report   on   operations 
in,  transmitted,  386. 
Departments,    Executive.     (See    also 

the  several  Departments.) 
Commissioned    officers    employed 
in,   at    Richmond,  Va.,    referred 
to,  5'4»  552- 

Communications    from,    transmit 
ted,  156. 

List    of    employees    of,  submitted, 
261. 


Index. 


595 


Departments,  Executive  (Continued): 
Request  of  House  that  President 
cause  State  Department  to  trans 
mit  estimate  of  expenses  for  dip 
lomatic  affairs  refused,  reasons 
therefor,  253. 

Desertions,  reports  of  courts-martial 
in  cases  of,  transmitted,  303. 

Dimmock,  Charles,  mentioned,  181. 

Diplomatic  Affairs,  request  of  House 
that  President  cause  State  De 
partment  to  transmit  estimate  of 
expenses  for,  refused,  reasons 
therefor,  253. 

Diplomatic  Relations  discussed,  -(>, 
142,  278,348,444,  485. 

Dixie. 

A  popular  name  of  tin-  States  of  tin- 
Confederacy.  The  name  Dixie,  or  Dixie's 
Land,  was  originally  applied  to  New 
York,  or  Manhattan  Island,  where  it  had 
its  origin  early  in  the  lyth  century.  Bry 
ant,  in  a  note  to  "Songs  from  Dixie's 
Land,"  says,  "  In  the  popular  mythology 
of  New  York  City,  Dixie  was  the  negro's 
paradise  on  earth  in  times  when  slavery 
and  the  slave  trade  were  flourishing  in 
that  quarter."  Dixie  owned  a  tract  of 
land  on  Manhattan  Island,  and  also  a 
large  number  of  slaves;  and  his  slaves  in 
creasing  faster  than  his  land,  an  emigra 
tion  ensued  such  as  has  taken  place  in 
Virginia  and  other  States.  Naturally, 
the  negroes  who  left  it  for  distant  parts 
looked  to  it  as  a  place  of  unalloyed  happi 
ness,  and  it  was  the  "old  Virginny  "  of 
the  negroes  of  that  day.  Hence  Dixie  be 
came  synonymous  with  an  ideal  locality, 
combining  ineffable  happiness  and  every 
imaginable  requisite  of  earthly  beatitude. 
It  has  been  the  subject  of  several  popular 
songs. 

Dixon,  J.  E.,  prisoner  at  Johnson's 
Island,  case  of,  referred  to, 

3*5- 
Domestic  Passport  System  referred  to, 

401. 
Doughface. 

A  term  applied  in  derision  of  certain 
politicians  of  the  North  who  it  was  said 
were  overanxious  to  please  the  Southern 
people.  John  Randolph,  of  Roanoke,  was 
the  author  of  the  term,  or  first  gave  it  na 
tional  significance. 


Douglas's   Battery,    resolution   of 

thanks  tendered,  430. 
Dowling,  Richard   W.,   resolution    of 

thanks    tendered    command    of, 

424. 
Drewry,  A.,  resolution  of  thanks  ten 

dered  command  of,  275. 
Drewry's  Bluff,  Va.,  defenses  of,  re 

ferred  to,  2Q2. 
Droop  Mountain,  W.  Va.,  battle  of,  re 

ferred  to,  385. 
Drunkenness  in  Army: 

Report  of    courts-martial   in  cases 

of,  transmitted,  255. 
Trials  and  convictions  under  act  to 

punish,  referred  to,  505. 
Dunnington,  John  W.,   report  of,  on 

engagement  at  St.  Charles,  Ark., 

transmitted,  238. 
Duties  discussed,  301. 


East  Tennessee,  Department  of,  mar 

tial  law  in,  proclaimed,  and  orders 

regarding,  224. 
Echols,  John,  report  of,  on  battle  of 

Droop  Mountain,  W.   Va.,  trans 

mitted,  385. 
Eckert,  Thomas    T.,  correspondence 

in  peace  negotiations,  521. 
Editors    and    newspaper    employees, 

joint    resolution    exempting,  ve 

toed,  465. 
Election  of  President  and  Vice  Presi 

dent  of  Provisional  Government, 

29. 

Notification-  of,  30. 
Elkhorn,   Ark.,  Battle  of.     (See    Pea 

Ridge,    Battle  of.) 
Emancipation  Proclamation. 

A    proclamation    issued    by  President 
Lincoln    Sept.    22,    1862,  and  which  was 
supplemented  by  a  second  proclamation, 
Jany.  r,   1863,  declaring  the  freedom  of  the 
slaves   in  certain   States  and  counties  in 
the  South,  engaged  in  the  war. 
Effect  of,  discussed,  290. 
Engineer   Bureau,    appropriation  for, 
recommended,  248,  306,  395,   515. 


596  Messages  and  Papers  of  the  Confederacy. 


Engineers,  Chief  of,  report  of,  trans 
mitted,  301. 

England.     (See  Great  Britain.) 
Erlanger  &  Co.,  contract  with,  for  cot 
ton  loan  referred  to,  383,  390. 
Estimates.     (See  Appropriations.) 
European  Powers.    (See  Foreign  Pow 
ers.) 
Evans,  Nathan  G.: 

Report  of,  on  battle  of  Leesburg, 

Va.,  referred  to,  192. 
Resolution  of  thanks  tendered  com 
mand  of,  169. 

Ewing,  Francis  M.,  joint  resolution 
directing  settlement  of  claim  of, 
vetoed,  472. 

Exchange    of  Prisoners   of    War,    ar 
rangements  for,  237,  492,  501. 
Cartel  of,  transmitted,  241. 
Letter  of  President  Davis  to  Presi 
dent  Lincoln  regarding,  343. 
Questions   regarding,  referred   to, 

395- 

Stephens,  A.  H.,  correspondence 
regarding  appointment  of,  as 
commissioner  on  subject  of, 

339- 
Suspension     of,      discussed,      375, 

445- 

Executive,  Chief.     (See  Davis,  Jeffer 
son;  Lincoln,  Abraham.) 
Executive    Departments.     (See    also 
the  several  Departments.) 

Commissioned  officers  employed 
in,  at  Richmond,  Va.,  referred  to, 
5M,  552. 

Communications  from,  transmit 
ted,  156. 

List  of  employees  of,  transmitted, 
261. 

Request  of  House  that  President 
cause  State  Department  to  trans 
mit  estimate  of  expenses  for  dip 
lomatic  affairs  refused,  reasons 
therefor,  253. 
Executive  Nominations: 

Communication  correcting  m  i  s- 
takes  in,  transmitted,  259. 


Executive  Nominations  (Continued): 
Constitutional  powers  of  Executive 
and  Senate  regarding,  discussed, 

388. 

Reasons  for  making  certain,  trans 
mitted,  392,  448. 

Renomination  of  certain  officers, 
advice  of  Senate  regarding  ne 
cessity  of,  requested,  246. 

Return  of,  requested,  148,  241,  537. 

Special  session  message  regarding, 

134- 
Exemption   Law.     (See  Conscription 

Law.) 
Exequatur  of  British  Consul  revoked, 

325- 

Referred  to,  360. 
Expenditures,  Public,  discussed,   192, 

488. 

Appropriation  for,    recommended, 
J99,   3i3.  3r7,  387,  4°2,  4°4»  45 ', 
454.  455.  5T7>  539- 
Export  Duties  discussed,  361. 
Extraordinary  Session  Messages,  63, 

134- 

Extraordinary   Sessions  of  Congress, 
proclamations  convening, 60,  133. 
Ezra's  Church,  Battle  of. 

A  battle  in  front  of  Atlanta,  Ga.,  on 
the  right  of  the  Federal  army,  July  2$, 
1864.  The  Federals  were  commanded  by 
Gen.  Logan,  and  the  Confederates,  who 
made  the  attack,  by  Gen.  Hood.  Confed 
erates  were  repulsed  with  a  loss  of  about 
2,000;  Federal  loss,  about  600. 


Fair  Oaks,  Va.,  Battle  of.  (See  Sev 
en  Pines,  Battle  of.) 

Farinholt,  B.  L.,  report  of,  on  engage 
ment  at  Staunton  River  Bridge 
transmitted,  499. 

Farmville,  Va.,  Battle  of. 

A  battle  near  Farmville,  Va.,  Apr.  7, 
1865,  shortly  after  the  evacuation  of  Rich 
inond  by  the  Confederates,  who  were  re 
treating  toward  the  south.  The  Feder 
als  were  commanded  by  Generals  Ord 
and  Sheridan;  the  Confederates,  by  Gen. 
Lee.  Gen.  Read,  commanding  Federal 


Index. 


597 


cavalry,  was  killed.  The  Federals  cap 
tured  6,000  or  7,000  men,  the  Confederates 
continuing  their  retreat. 

Farrand,  Ebenezer,  resolution  of 
thanks  tendered  command  of, 
275- 

Fasting  and  Prayer,  day  of,  set  apart 
by    proclamation,    103,    135,    217, 
227,  268,  324,  328,  412,  563,  567. 
Order  regarding,  565. 

Faulkner,  Charles  J.,  arrest  and  im- 
prisonmentof,  by  Federal  author 
ities  discussed,  142. 

Fearn,  Walker,  secretary  of  commis 
sion  to  Russia,  nomination  of, 

3"- 
Field  Products: 

Cotton — 

Accumulated  by  Treasury  De 
partment  referred  to,  390. 

Xon-destruction  of,  in  Savannah, 
Ga.,  referred  to,  533. 

Protection  for,  under  control  of 
Secretaries  of  Treasury  and 
War  referred  to,  503. 

Purchased  for  Government  in 
Louisiana  referred  to,  311. 

Sale  of,  in  foreign  markets  under 
cover  of  certificates  referred  to, 

3i7- 

Sale  or  hypothecation  of,  or  cot 
ton  certificates  in  Europe  re 
ferred  to,  319. 

Use  of,  as  means  of  procuring 
Army  supplies,  530. 

Vessels    in  Chesapeake  Bay  for 

exporting,  referred  to,  ig^. 
Tobacco — 

Rations  of, for  Army  referred  to, 

455- 
Vessels  in  Chesapeake    Bay  for 

exporting,  referred  to,  195. 
Finances: 

Act  amending  act  to  reduce  cur 
rency  and  authorize  new  issue  of 
notes  and  bonds  vetoed,  470. 
Discussed,  and  recommendations 
regarding,  77,  123,  139,  191,  235, 
259.  293,  36l>  446>  4S8»  532»  545- 


Finances  (Continued): 

Effect  of  action  of  neutral  nations 

upon,  discussed,  362. 
Loans — 

Appropriation   to    carry    out  act 
authorizing   foreign,    recom 
mended,  301. 
Discussed  and  recommendations 

regarding,  77,  123,361,  505. 
Made  by  Branch  Bank  of  Tennes 
see  to  Gen.  Hindman  referred 
to,  255. 

Propriety  of  providing  for  pay 
ment  of,  by  war  tax  discussed, 
259- 
Plan  of— 

Discussed,  489. 
First  devised  discussed,  361. 
Finegan,  Joseph,  resolution  of  thanks 

tendered  command  of,  480. 
Fisher's  Hill,  Va.,  Battle  of. 

A  battle  near  Winchester,  Frederick 
County,  Va.,  Sept.  22,  1864.  The  Feder 
als,  about  20,000,  were  commanded  by 
Gen.  Sheridan;  the  Confederates,  a  much 
smaller  number,  by  Gen.  Karly.  Federal 
loss,  about  1,300;  Confederate  loss,  about 
1,000. 

Fishing  Creek,  Ky.,  battle  of,  referred 

to,  200. 
Five  Forks,  Va.,  Battle  of. 

A  battle  about  1 1  miles  to  the  south 
west  of  Petersburg,  Va.,  Apr.  i,  1865. 
The  Federals  were  commanded  by  Gen. 
Sheridan;  the  Confederates,  being  a  por 
tion  of  Lee's  army,  by  Generals  Johnston 
and  Pickett.  The  Confederates  were 
driven  back  to  their  main  works,  which 
were  captured  with  many  prisoners. 
Their  loss  in  killed,  wounded,  and  pris 
oners  was  over  5,000;  Federal  loss,  about 
1,000. 

Flag,  Confederate. 

The  flag  of  the  Confederacy  was  some 
times  called  the  "Stars  and  Bars."  It 
was  first  provided  that  the  flag  should 
consist  of  a  red  field  with  a  white  space 
extending  horizontally  through  the  cen 
ter,  and  equal  in  width  to  one-third  the 
width  of  the  flag.  The  union  was  a  blue 
square  extending  across  the  upper  red 
and  the  white  stripe,  in  which  stars  rep 
resenting  the  States  were  arranged  in  a 
circle,  each  star  standing  for  a  State, 


598  Messages  and -Papers  of  the  Confederacy. 


Later  a  white  flag  with  one  blue  star  in 
the  center  was  adopted.  Battle  flags 
were  also  adopted  and  used  by  some  of 
the  corps.  In  1863,  the  Congress  of  the 
Confederate  States  passed  the  following 
act:  "That  the  flag  of  the  Confederate 
States  shall  be  as  follows:  The  field  to  be 
white,  the  length  double  the  width  of  the 
flag,  with  the  union  (now  used  as  the  bat 
tle  flag)  to  be  of  a  square  of  two-thirds 
the  width  of  the  flag,  having  the  ground 
red,  thereon  a  broad  saltier  of  blue,  bor 
dered  with  white,  and  emblazoned  with 
mullets  or  five- pointed  stars,  correspond 
ing  in  number  to  that  of  the  Confederate 
States." 

Flag,  United  States. 

The  flag  of  the  United  States  was  first 
provided  for  in  a  resolution  of  the  Conti 
nental  Congress,  June  14,  1777.  That  res 
olution  provided,  "That  the  flag  of  the 
United  States  be  13  stripes,  alternate  red 
and  white;  that  the  union  be  13  stars, 
white  in  a  blue  field,  representing  a  new 
constellation."  As  a  new  State  was  ad 
mitted,  a  new  star  and  stripe  were  added. 
The  flag  was  thus  increased  in  size  by 
the  addition  of  new  stripes,  which  was 
objectionable,  so  that  in  1818  it  was  rees 
tablished  with  13  stripes,  and  one  star 
was  added  to  the  original  13  for  each 
State  admitted  into  the  Union.  These 
stars  are  placed  on  the  flag  on  the  4th  of 
July  succeeding  the  admission  of  the 
State. 

Florida: 

Military  operations  in,  448. 
Troops  of,  resolution  of  thanks  ten 
dered,  423. 
Florida,  The. 

A  Confederate  cruiser  first  called  the 
Oreto.  She  was  built  in  England,  and 
left  Liverpool  Mch.  22,  1862,  receiving 
lier  armament  at  the  Bahamas  Aug.  7. 
:She  was  twice  seized,  but  escaped, 
changed  her  name  to  the  Florida,  and  in- 
ilicted  much  damage  on  the  United  States 
.commerce.  She  was  captured,  Oct  7, 
1864,  in  the  harbor  of  Bahia,  Brazil,  in 
violation  of  the  rights  of  neutrals  by  a 
United  States  vessel,  under  the  command 
•of  Capt.  Collins,  and  was  taken  to  Hamp- 
.ton  Roads. 

Flour,  impressment  of,  referred  to, 
304- 

Floyd,  John  B.,  relieved  from  com 
mand,  197. 


Fontaine,  E.,  communication  from, 
urging  completion  of  certain  rail 
roads,  151. 

Foote,  Henry  S.,  arrest  of,  by  milita 
ry  officer  referred  to,  516. 
Foreign  Commerce: 

Act  amending  act  imposing  regu 
lations  on,  to  provide  for  public 
defense  vetoed,  466. 
Bill    imposing     regulations     upon, 

etc.,  discussed,  505. 
Regulations  on,  417. 
Foreign  Consuls,  action  taken  regard 
ing,  360. 
Foreign  Cotton  Loans  referred  to,  383, 

390,  488. 
Foreign  Powers: 

Attitude  of,  in  War  between  the 
States  discussed,  278,  348,  444, 

485- 

Belligerency  of  the  Confederate 
States  recognized  by,  referred  to, 
280. 

Blockade  of  Confederate  ports  by 
United  States  and  attitude  of,  re 
garding,  discussed,  142,  282,  349. 

Confederate  Commissioners  to. 
(See  Commissioners,  Confeder 
ate  States.) 

Correspondence  with,  discussed, 
288. 

Diplomatic  relations  with,  dis 
cussed,  76,  142,  278,  348,  444,  485. 

Mexican  affairs  discussed,  359. 

Neutral  rights  of,  request  regard 
ing,  283. 

Neutrality  of,  in  War  between  the 
States  discussed,  280,  348,  444. 
Partiality    in    favor    of    United 
States    discussed,    280,    348, 

444- 
Retaliatory      measures      d  i  s  - 

cussed,  358. 
Recognition    of    independence    of 

Confederate  States  by — 
Attitude     regarding,     discussed, 
279,  348,  444,  485. 


Index. 


599 


Foreign  Powers  (Continued): 

Recognition    of    independence    of 

Confederate  States  by — 
Commissioners   sent    to  request, 

76. 

Intervention  not  desired,  487. 
Request  for,  discussed,  142. 
Treaties  with — 
Discussed,  360. 
Disregarded  by,  444. 
Not  binding,  360. 
Foreign     Relations.       (See     Foreign 

Powers.) 

Forrest,  Nathan  B.: 
Report  of,  on  — 

Battle     of     Tishomingo     Creek, 

Miss.,  transmitted,  499. 
Evacuation  and  removal  of  pub 
lic    property    from    Nashville, 
Tenn.,  transmitted,  245. 
Resolutions     of    thanks     tendered 

command  of,  337,  433,  481. 
Forsyth,  John,    peace    commissioner 

to  United  States : 
Conduct  of    Federal    Government 

in  negotiations  discussed,  70. 
Correspondence  between  Secreta 
ry    Seward,   Judge    Campbell, 
and  commissioners,  84. 
Transmitted,  82. 
Nomination    and    appointment    of, 

55,  56- 
Fort  Donelson,  Tenn.,  Battle  of. 

A  battle  at  Fort  Donelson,  a  Confed 
erate  fort  on  Cumberland  River,  near 
Dover,  Stewart  County,  Tenn.,  about  60 
miles  northwest  of  Nashville.  The  Fed 
erals,  15,000,  commanded  by  Gen.  Grant, 
invested  the  fort  Feb.  13,  14,  186.3.  The 
fort  mounted  65  guns,  and  was  held  by 
Confederates,  commanded  by  Gen.  Floyd, 
18,000  effective  men.  Commodore  Foote, 
with  6  gunboats,  joined  with  Gen.  Grant 
in  the  attack.  Gen.  Wallace  reenforced 
Gen.  Grant  with  13,000  men,  increasing' 
his  forces  to  27,000.  On  the  i5th  the  Con 
federates  advanced  and  attacked  the  Fed 
erals,  but  at  night  fell  back  within  their 
works.  The  fort  was  surrendered  by 
Gen.  Buckner  Feb.  16,  his  senior  officers, 
Generals  Floyd  and  Pillow,  escaping  by 


the  river.  Federal  loss  in  killed  and 
wounded,  2,832;  Confederate  loss  in 
killed,  wounded,  and  prisoners,  14,600, 
with  65  guns  and  many  small  arms. 

Referred  to,  189,  196,  207,  245. 
Fort  Fisher,  N.  C.,  Battle  of. 

A  battle  at  Fort  Fisher,  which  is  situ 
ated  on  a  peninsula  on  the  south  coast  of 
North  Carolina,  between  the  mouth  of 
the  Cape  Fear  River  and  the  Atlantic- 
Ocean,  about  18  miles  from  Wilmington. 
It  was  occupied  by  the  Confederates  with 
a  garrison  of  2,300  men,  and  its  works 
mounted  with  75  guns.  In  Dec.,  1864,  the 
Federals  sent  an  expedition  against  it 
commanded  by  Gen.  Butler,  of  73  vessels, 
carrying  655  guns,  and  also  a  land  force 
of  6,500.  The  fort  was  bombarded  Dec. 
24,  without  effect.  Gen.  Butler  was  re 
lieved  of  command  and  superseded  by 
Gen.  Terry,  with  reinforcements,  1,500 
men.  After  desperate  fighting  on  the 
1 5th,  in  which  the  vessels  as  well  as  the 
land  forces  were  engaged,  the  garrison 
surrendered.  Federal  loss,  1 10  killed  and 
about  Coo  wounded;  Confederate  loss,  in 
cluding  killed,  wounded,  and  prisoners, 
about  2,oco. 

Fort  Gaines,  Ala.,  Reduction  of.   (See 

Mobile  Bay,  Battle  of.) 
Fort  Henry,  Tenn.,  Battle  of . 

A  battle  at  Fort  Henry,  on  the  Ten 
nessee  River,  in  the  northwestern  portion 
of  Tennessee,  about  n  miles  from  Fort 
Donelson.  This  fort  was  held  by  the 
Confederates  with  a  garrison  of  about 
2,700  men,  under  Gen.  Tilghman,  the  fort 
mounting  17  guns.  The  Federals,  15,000, 
commanded  by  Gen.  Grant,  with  a  fleet 
of  7  gunboats,  commanded  by  Commo 
dore  Foote,  attacked  the  fort  Feb.  6, 
1862.  After  a  fight  of  a  little  over  an 
hour,  Gen.  Tilghman  surrendered  him 
self  and  about  63  men,  nnd  probably  the 
same  number  of  invalids.  The  remainder 
of  the  garrison  forces  escaped  to  Fort 
Donelson.  Federal  loss,  48;  Confeder 
ate  loss  in  killed  and  wounded,  2r. 

Referred  to,  207. 
Fort  McAlister,  Ga.,  Battle  of. 

This  fort  was  built  by  the  Confederates 
during  the  war  on  the  Ogeechee  River, 
opposite  Genesis  Point,  Ga.,  to  guard  tin- 
approach  to  Savannah.  The  fort  mount 
ed  23  guns  and  i  mortar,  and  was  garri 
soned  bv  about  300  Confederates.  It  was 
attacked  by  a  portion  of  Gen.  Sherman's 
forces,  commanded  by  Gen.  Ha/.en,  Dec. 


6oo 


Messages  and  Papers  of  the  Confederacy. 


13,  1864.     The  small  garrison  was  over 
powered,  and  promptly  surrendered. 

Resolution     of     thanks     tendered 

forces  in,  339. 
Fort  Morgan,  Ala. ,  Reduction  of.    (See 

Mobile  Bay,  Battle  of.) 
Fort  Pickens,  Fla.: 

Attempts  of  United  States  to  reen- 
force,  118. 

Possession     of,    recommendations 
for  obtaining,  56. 

Fort  Pillow,  Tenn.,  Battle  of. 

Fort  Pillow  was  built  by  the  Confed 
erates  during  the  war  on  Chickasaw  Bluff, 
Mississippi  River,  about  40  miles  above 
Memphis,  Tenn.  It  was  seized  and  occu 
pied  by  the  Federals  June  5,  1862.  April 
12,  1864,  the  fort  was  garrisoned  by  about 
20  officers  and  500  men,  when  it  was  at 
tacked  by  the  Confederates  under  Gen. 
Forrest,  and  was  captured  with  its  entire 
garrison. 

Fort  Powell,  Ala.,  Reduction  of.    (See 

Mobile  Bay,  Battle  of.) 
Fort  Powhatan,  Va.,  defenses  of,  re 
ferred  to,  202. 
Fort  Sumter,  S.  C.: 

Hostile  expedition  sent  by  United 

States  to,  1 1 8,  279. 
Possession  of,  recommendations  for 
obtaining,  56. 

Fort  Sumter,  S.  C.,  Battle  of. 

Fort  Sumler  was  located  in  Charleston 
Harbor,  S.  C.,  about  4  miles  from  the 
city  of  that  name,  to  the  southeast.  This 
was  the  scene  of  the  first  engagement  of 
the  war.  The  fort  was  garrisoned  by 
United  States  troops,  70  men,  under  com 
mand  of  Maj.  Anderson.  On  April  n, 
1861,  Gen.  Beauregard,  commanding  the 
Confederate  forces  at  Charleston,  7,000 
men,  demanded  the  surrender  of  the  fort, 
which  was  refused.  The  Confederates, 
on  the  1 2th,  began  to  bombard  the  fort, 
which  was  kept  up  till  dark,  and  was  re 
newed  on  the  morning  of  the  13th,  and 
was  continued  until  Maj.  Anderson  sur 
rendered  the  fort.  He  sailed  out  with  his 
garrison.  There  were  no  casualties  on 
either  side. 

Referred  to,  and  discussed,  71,  78, 
98. 


Fort  Wagner,  S.  C.,  Battle  of. 

Fort  Wagner  was  a  fortification  on 
Morris  Island,  and  one  of  the  defenses  of 
Charleston  Harbor.  An  attack  was  made 
on  this  fort,  and  also  on  Fort  Sumter,  by 
the  United  States  fleet,  monitors  and  iron 
clads,  under  command  of  Admiral  Du- 
pont,  Apr.  7,  1863.  This  effort  to  reduce 
the  forts  utterly  failed.  Another  expe 
dition  was  made  against  the  forts  by  Gen. 
Gillmore,  with  12,000  men  and  many  guns, 
Admiral  Dahlgren  with  his  ships  and 
monitors  co5perating  in  the  attack,  June 
12,1863.  They  were  again  repulsed.  The 
attempt  to  reduce  Fort  Wagner  was  re- 
"  newed  with  another  failure  and  a  lost, 
of  1,200  men,  July  18,  1863.  These  attacks 
were  continued  with  greater  or  less  se 
verity  until  Sept.  6,  1863,  when  the  fort 
was  evacuated. 

Fortress  Monroe,  Va.,  Peace  Confer 
ence  at,  discussed,  519,  549. 
Message    and    correspondence    of 

President  ^Lincoln,  521. 
Report  of  commissioners,  520. 
Fox,  G.  V.,  mentioned,  95. 
(France: 

Attitude  of,  in  WTar  between  the 
States  discussed,  278,  348,  444, 

485- 

Blockade  of  Confederate  ports  by 
United  States,  and  attitude  of,  re 
garding,  discussed,  142,  28:2,  34^. 

Confederate  Commissioner  to,.  76.' 
Mission  of,  discussed,  279. 
Seized  by  United  States  authori 
ties,  141.     (See  also  Trent  Af 
fair.) 

Confederate  Minister  to,  commis 
sion  to,  explanation  regarding, 
311. 

Correspondence  with,  discussed) 
288. 

Expressions  of  sympathy  from,  for! 
Confederate  States  discussed, 
288, 

Neutral  rights  of,  request  regard 
ing,  283^ 

Neutrality  of,  in  War  between  the 

States  discussed,  280,  348,444. 
Partiality    in    favor    of    United 
States  discussed,  280,  348,  444. 


Index. 


60 1 


France  (Continued) : 

Occupation  of  Mexican  capital  by 

army  of,  discussed,  359. 
Treaties  with — 
Discussed,  360. 
Disregarded  by,  444. 
Not  binding,  360. 
Franklin,  Tenn.,  Battle  of. 

A  battle  near  the  town  of  Franklin, 
Williamson  County,  Tenn.,  about  iS  miles 
to  the  southeast  of  Nashville,  Nov.  30, 
1864.  The  Federals,  about  27,000,  were 
commanded  by  Gen.  Schofield ;  the  Con 
federates,  by  Gen.  Hood.  The  assaults 
were  made  by  the  Confederates,  who 
were  repulsed  with  heavy  losses,  includ 
ing  Gen.  Patrick  R.  Cleburne,  who  was 
killed.  The  Federals  during  the  night 
retreated  to  Nashville.  Their  loss  in 
killed  and  wounded  was  about  2,300. 
Confederate  loss,  much  heavier,  estimated 
at  about  6,000. 

Frayser's  Farm,  Va.,  Battle  of . 

One  of  the  Seven  Days'  Rattles  before 
Richmond,  Va.,  about  12  miles  to  the 
southeast  of  that  city.  June  30,  1862.  The 
Federals  were  commanded  by  Gen.  Me 
Clellan,  and  the  Confederates  by  Gen 
erals  Longstreet  and  Hill. 

Frazer,  John  W.,  surrender  of  Cum 
berland  Gap,  in  command  of,  dis 
cussed,  340. 

Fredericksburg,  Va.,  Battle  of. 

A  battle  near  the  city  of  Fredericks- 
burg,  Spottsylvania  County,  Va.,  about 
50  miles  to  the  southwest  of  Washington 
City,  Dec.  13,  1863.  The  Federals,  110,000, 
were  commanded  by  Gen.  Burnside ;  the 
Confederates,  80,000,  by  Gen.  Lee.  The 
Federals  were  repulsed,  and  retreated 
across  the  Rappahannock  River.  Feder 
al  loss,  1,284  killed,  9,600  wounded,  and 
1,769  prisoners;  total,  12,6^3.  Confederate 
loss,  608  killed,  4,116  wounded,  and  653 
prisoners;  total,  5,377. 

Referred  to,  276,  384. 
Fugitive  Slave  Laws. 

These  laws  were  acts  passed  by  Con 
gress,  which  provided  in  substance,  that 
011  the  owner  of  a  slave  giving  proof  of 
such  ownership  before  a  magistrate  of  the 
locality  where  the  fugitive  slave  was 
found,  the  magistrate  ^should  order  the 
fugitive  to  be  delivered  to  his  owner 
without  trial  by  jury,  and  penalties  were 
fixed  for  the  violation  of  the  laws.  These 


laws  were  passed  by  authority  of  the 
Constitution  of  the  United  States,  as 
shown  in  article  IV,  section  3,  of  that  in 
strument. 

Funds  sent  abroad  for  military  and 
naval  purposes  referred  to,  242, 
261. 

Furloughs: 

Act  granting,  vetoed,  162. 
Medical    Board    of    Examiners  for 
granting,  referred  to,  240. 

Furloughs  and  Discharges,  act  regu 
lating,  vetoed,  156. 


Gaines    Mills,   Va.,    Battle   of.     (See 
Cold  Harbor,  Battle  of.) 

Galveston,    Tex  ,    recovery    of,  from 
United  States  forces,  276. 

General,  Confederate  Army: 

Act  creating  office  of  commanding, 

vetoed,  215. 

Creation  of  grade  of,  recommend 
ed,  80. 

General-in-Chief,    Confederate    Army, 
appointment  of,  570. 

General  Staff,  organization  of,  recom 
mended,  373,  447. 
Act  providing  for — 

Reasons  for  apply  ing  pocket  veto 

to,  457- 

Referred  to,  500. 
Vetoed,  262. 

Geneva  Tribunal.    (See  also  Alabama 
Claims.) 

A  tribunal  organized  to  arbitrate  the 
claims  of  the  United  States  against  Great 
Britain  for  injury  to,  and  destruction  of, 
commerce  during  the  war.  The  claims 
were  known  as  the  Alabama  claims.  The 
tribunal  was  provided  for  by  the  treaty  of 
Washington. 

Georgia: 

Advance  of  Gen.  Rosecrans's  army 

into,  discussed,  346. 
Conscript  law,  enforcement  of,  etc.i 

in,  referred  to,  250,  387. 
Exempts  in,  referred  to,  383,534. 
Legislative  action  of,  referred  to 
347- 


602  Messages  and  Papers  of  the  Confederacy. 


Georgia  (Continued): 

Military  operations  in,  448. 
Troops   of,    resolutions   of    thanks 
tendered,  427,  429. 

Georgia,  The. 

A  Confederate  cruiser  built  at  Glas 
gow,  Scotland,  during  the  war.  She 
sailed  from  that  port  in  Apr.,  1863,  and 
was  first  called  i\\e  Japan.  After  inflict 
ing  considerable  damage  to  the  United 
States  commerce,  she  was  seized  by  Capt. 
Craven,  commanding  the  United  States 
steamer  Niagara,  and  taken  to  England. 

Gettysburg,  Pa.,  Battle  of. 

A  battle  near  the  town  of  Gettysburg, 
Adams  County,  Pa.,  about  36  miles  to  the 
southwest  of  Ilarrisburg,  July  1-3,  1863. 
The  Federals,  75,000,  were  commanded  by 
Gen.  Meadejthe  Confederates,  near  the 
same  number,  by  Gen.  Lee.  Federal  loss, 
2,834  killed,  13,700  wounded,  6,643  miss 
ing;  total  loss,  23,177.  Confederate  loss, 
killed,  wounded,  and  missing,  about  the 
same  number. 
Discussed,  346. 

Godwin,  A.  C.,  appointed  provost 
marshal  of  Richmond,  Va.,  221. 

Gordon,  John  B.,  pay  of,  while  invali 
dated  from  service  discussed, 
4C5- 

Gorgas,  Josiah,    mentioned,  125. 

Grand  Army  of  Republic. 

A  secret  fraternal  society  composed  of 
veterans  who  were  soldiers  or  sailors  in 
the  Federal  army  during  the  war.  It  had 
its  beginning  in  1866.  The  subordinate 
bodies  are  called  "posts,"  and  its  annual 
meetings  are  known  as  "encampments." 

Grant,  Ulysses  S.: 

Correspondence  in  peace  negotia 
tions,  521. 

Referred  to,  550. 
Great  Britain: 

Attitude  of,  in  War  between  the 
States  discussed,  278,  348,  444, 
485- 

Blockade  of  Confederate  ports  by 
United  States,  and  attitude  of, 
regarding,  discussed,  142,  282, 
349- 

Confederate  Commissioner  to,  76. 
Mission  of,  discussed,  279. 
Recall  of,  discussed,  357. 


Great  Britain  (Continued): 

Confederate  Commissioner  to — 
Seized  by  United  States  authori 
ties,  1 41 .  ( See  also  Trent  Affair.) 
Confederate  Minister  to,  com  mission 

of,  explanation  regarding,  311. 
Consul    of,  to  Confederate  States, 

exequatur  of,  revoked,  325. 
Referred  to,  360. 
Correspondence     with,    discussed, 

288. 

Neutral  rights  of,  request  regard 
ing,  283. 

Neutrality  of,  in  War  between  the 
States  discussed,  280,  348,  444. 
Partiality    in    favor    of    United 
States  discussed,  280,  348,  444. 
Treaties  with — 
Discussed,  360. 
Disregarded  by,  444. 
Not  binding,  360. 

Great  Southwestern  Mail,  detention 
of,  at  certain  points  referred  to, 

245- 

Green,  F.  M.,  nomination  of,  as  colo 
nel,  and  reasons  therefor,  448. 

Green,  Thomas,  resolution  of  thanks 
tendered  command  of,  337. 

Greensboro,  N.  C.,  railroad  from  Dan 
ville  Va.,  to,  recommended,  140, 
152. 

Grierson's  Raid. 

A  cavalry  raid  made  by  the  Federals, 
commanded  by  Gen.  Benjamin  II.  Grier- 
son,  from  LaGrange,  Tenn.,  a  station  a 
few  miles  east  of  Memphis,  to  Baton 
Rouge,  La.,  in  Apr.,  1863.  The  object 
was  to  facilitate  the  movements  and  op 
erations  of  the  Federals  under  Gen. 
Grant,  in  his  attack  on  Vicksburg. 

Groveton,  Va.,  Battle  of,  or  Second 
Battle  of  Manassas.  (See  Bull 
Run,  Battles  of.) 

Guerin,  H.  C.,  charges  and  specifica 
tions  in  cases  of,  transmitted, 
406. 

Gunpowder.    (See  also  Ordnance  and 

Ordnance  Supplies.) 
Act  to  encourage  manufacture  of, 
in  Confederate  States  vetoed,  158. 


Index. 


603 


Gunpowder  (Continued): 

Appropriation  for  purchase  of,  rec 
ommended,  58. 
Manufacture  of,  discussed,  199. 


II 

Habeas  Corpus: 
Judges  threatened  for  maintaining, 

discussed,  140. 
Suspension  of  writ  of — 

and  orders  regarding,  219,  220, 

221,   222,   223,    224,    225,  226. 

Continuance    of,    recommended, 

452. 
Copies  of  orders  for,  transmitted 

and  discussed,  2^9. 
Criminal  jurisdiction  of  ordinary 

courts  not  interfered  with  by, 

260. 
Power    of    Executive    regarding, 

discussed,  1 22. 

Recommended,  395,  498,  548. 
Habeas  Corpus,  Suspension  of. 

During  the  war  the  writ  of  habeas  cor 
pus  was  suspended  in  the  United  States 
many  times  by  order  of  the  President. 
Congress  gave  him  this  power  by  special 
acts.  Many  arrests  were  made  of  persons 
charged  with  disloyal  practices  and  other 
offenses,  and  in  some  places  great  ex 
citement  was  caused  by  these  arrests. 
The  Supreme  Court  of  the  United  States 
in  1866  held  that  the  privilege  of  this 
writ  could  not  be  suspended  in  the  case 
of  a  civilian  in  districts  where  the  action 
of  the  civil  courts  was  not  interrupted. 

Halleck,   Henry   W.,  mentioned,  269, 

270. 

Halyburton,  J.  D.,  mentioned,  183. 
Hampton  Roads,  Va.,  Battle  of. 

A  famous  naval  battle  in  Hampton 
Roads,  which  is  the  channel  connecting 
the  estuary  of  James  River  with  Chesa 
peake  Bay,  just  south  of  and  near  to 
Fortress  Monroe,  Va.,  Mch.  S,  9,  1862. 
On  Mch.  8,  the  Confederate  ironclad,  the 
Merrimac,  commanded  by  Commodore 
Franklin  Buchanan,  came  down  the  Eliz 
abeth  River,  and  attacked  the  vessels  of 
the  United  States  which  were  blockading 
the  mouths  of  the  James  and  Elizabeth 
Rivers.  She  destroyed  the  Union  frigate, 
Cumberland,  and  burned  the  Congress. 


On  the  next  day,  she  was  engaged  for 
about  4  hours  in  a  severe  fight  with  the 
United  States  ironclad  Monitor.  When 
the  Cumberland  went  down,  over  100 
lost  their  lives,  and  in  the  case  of  the 
Congress,  only  218  survived  in  a  crew  of 
434  men.  Commodore  Buchanan,  becom 
ing  disabled,  turned  the  command  over  to 
Lieut.  Catesby  Jones.  In  his  report  of  the 
battle,  Lieut.  Jones,  among  other  things, 
says :  "We  also  engaged  the  Monitor,  and 
sometimes  at  very  close  quarters.  We 
once  succeeded  in  running  into  her,  and 
twice  silenced  her  fire."  In  concluding 
his  report,  he  says:  "  The  pilots  declaring 
that  we  could  get  no  nearer  the  Minneso 
ta,  and  believing  her  to  be  entirely  disa 
bled,  and  the  Monitor  having  run  into 
shoal  water,  which  prevented  our  doing 
her  any  further  injury,  we  ceased  firing  at 
12  o'clock  and  proceeded  to  Norfolk.  Our 
loss  is  2  killed  and  19  wounded." 

Discussed,   and    reports    of,    trans 
mitted,  197,  210. 
Hampton  Roads  Conference.    (See  also 

Peace  Negotiations.) 
Discussed,  519,  549. 
Message    and    correspondence    of 

President  Lincoln,  ^21. 
Report  of  commissioners,  520. 
Hanover  Court  House,  Va.,  Battle  of. 

A  battle  near  Hanover  Court  House, 
Hanover  County,  Va.,  about  17  miles  to 
the  north  of  Richmond,  May  27,  1862. 
The  Federals  were  commanded  by  Gen. 
Fit/. -John  Porter;  the  Confederates,  by 
(Jen.  Branch.  The  latter  were  defeated 
with  loss  of  200  killed,  and  7(5o  prisoners. 
Federal  loss,  about  400. 

Hardee,  William  J.,  report  of,  on  bat 
tle  of  Shiloh,  Tenn.,  transmitted, 

309. 

Hardy's  Bluff,  Va.,  defenses  of,  re 
ferred  to,  202. 

Harpers  Ferry,  Va.,  report  regarding 
machinery  removed  from,  trans 
mitted,  125. 

Harpers  Ferry,  Va.,  Battle  of. 

A  battle  at  Harpers  Ferry,  Va.  (now 
West  Virginia),  about  45  miles  northwest 
of  Washington  City,  Sept.  15,1862.  The 
Federals  were  commanded  by  Col.  Dixon 
S.  Miles;  the  Confederates,  by  Gen.  T.  J. 
Jackson.  Col.  Miles  was  mortally  wound 
ed,  and  surrendered  11,583  men,  73  guns, 
and  manv  small  arms.  Federals  killed 


604  Messages  and  Papers  of  the  Confederacy- 


and    wounded,    217.     The    Confederates 
sustained  no  loss. 

Harris,  Wiley  P.,  member  of  Vice 
Presidential  notification  commit 
tee,  30. 

Harrison,  Burton  N.: 

Secretary    to  President  Davis,  ap 
pointment  of,  referred  to,  200. 
Transcript   of   Senate  journals  re 
quested  by,  for  President,  570. 
Hart's  Battery,  resolution  of  thanks 

tendered,  427. 
Hatchers  Run,  Va.,  Battle  of. 

There  were  two  engagements  near 
Hatchers  Run,  to  the  south  of  Richmond. 
The  first  occurred  Oct.  27,  1864,  when  the 
Confederates,  under  Gen.  Lee,  assaulted 
the  Federals,  under  Gen.  Hancock,  and 
were  repulsed  after  inflicting  on  the  Fed 
erals  a  loss  of  about  1,900  men.  On  Feb. 
5,  1865,  the  Federals,  under  Gen.  Grant, 
assaulted  the  Confederate  forces  at  or 
near  the  same  place,  and  failed  of  success, 
sustaining  a  loss  of  about  2,000,  the  Con 
federate  loss  being  about  1,100. 

Hatteras  Expedition. 

An  expedition  sent  from  Fortress  Mon  - 
roe,  Aug.  26,  iSoi,  against  the  Confeder 
ate  forts,  Hatteras  and  Clark,  in  North 
Carolina.  The  expedition  of  10  vessels, 
150  guns,  and  900  men  was  under  the 
Command  of  Commodore  Stringham  and 
Gen.  Butler.  The  forts  were  garrisoned 
by  the  Confederates,  about  650  men,  under 
Capt.  Barren.  Fort  Clark  was  easily  re 
duced  Aug.  27,  and  the  next  day,  after 
heavy  bombardment,  Hatteras  was  cap 
tured.  Capt.  Barron  and  the  entire  gar 
rison  were  made  prisoners. 

Hatteras  Inlet,  N.  C.,  capture  of,  by 
Federal  forces  referred  to,  129. 

Hatteras,  The,  destruction  of,  by  the 
Alabama  referred  to,  305. 

Head,  J.  W.,  report  of,  on  affair  at 
Fort  Donelson,Tenn.,  245. 

Helena,  Ark.,  Battle  of. 

A  battle  at  Helena,  Phillips  County, 
Ark.,  on  the  Mississippi  River,  about  100 
miles  below  Memphis,  July  4,  1863.  The 
Federals  were  commanded  by  Gen.  Pren- 
tiss;  the  Confederates,  by  Generals 
Holmes  and  Price.  The  latter  made  the 
attack  and  were  repulsed,  with  loss  in 


killed,    wounded,  and   missing   of   about 
i, 600.     Federal  loss,  less  than  400. 
Referred  to,  345. 

Henderson,  Tenn.,  operations  at,  402. 

Hermitage,  The. 

The  home  of  President  Andrew  Jack 
son,  in  Davidson  County,  Tenn.,  a  few 
miles  eastward  from  Nashville.  Gen. 
Jackson  lived  there  when  he  was  elected. 
President.  He  built  the  house  after  his 
own  fashion,  and  it  still  remains  as  when 
he  occupied  it.  He  died  at  this  place,  and 
his  remains  are  buried  there.  The  State 
of  Tennessee  has  erected  a  building  on  a 
portion  of  the  farm  owned  by  him  which 
is  used  as  a  home  for  indigent  ex-Confed 
erate  soldiers. 

Heth,  Henry,  orders  to,  regarding 
martial  law  in  counties  of  Virgin 
ia,  224. 

Hindman,  Thomas  C.: 

Appropriation  to  pay  interest  on 
money  borrowed  from  banks  in 
Tennessee  by,  recommended, 

255- 

Orders  to,  referred  to,  242. 
Report   of,    on    operations    of,    in 

Trans-Mississippi  Distiict,  388. 
Hoke,  Robert  F.,  resolution  of  thanks 

tendered  command  of,  480. 
Holcomb  Legion  referred  to,  456. 
Hood,  John  B.: 

Correspondence  with,  regarding 
Army  of  Tennessee  transmitted, 

534.  538>  539- 
Mentioned,  539. 

Hospitals,  Military: 

Appropriation    for,   recommended, 

127. 

In    and    near    Richmond,   Va.,  re 
ferred  to,  407. 
Referred  to,  318. 
House  of  Representatives,  Confederate 

States: 

Employees  of,  estimate  for  in 
creased  compensation  of,  trans 
mitted,  456. 

Act  relative  to,  recommendations 
regarding,  513. 


Index. 


605 


House  of  Representatives,  Confederate 

States  (Continued): 
Information  requested  by,  regard 
ing  naval  employees  abroad   re 
fused,  reasons  therefor,  302. 
Members    of.      (See     Representa 
tives.) 

Request  of,  that  President  cause 
State  Department  to  transmit  es 
timate  of  expenses  for  diplomat 
ic  affairs  refused,  reasons  there 
for,  253. 

Transmission    of   Army   report  re 
quested  by,  referred  to,  192. 
Huger,  Benjamin: 

Orders  to,   regarding   martial   law, 

219. 
Report  of,  on  affair  at  South  Mills, 

N.  C.,  transmitted,  245. 
Hunter,  David: 
Referred  to,  339. 

United  States  forces  under,  defeat 
ed  at  second  battle  of  Manassas, 
Va.,  241. 

Hunter,  Robert  M.  T.,  peace  commis 
sioner  to  United  States,  report  of, 
520. 
Hyde,  Charles  K.,  case  of,  referred  to, 


Imboden,  John  D.: 

Report    of,    relating    to    outrages 
committed     by    Gen.    Milroy, 
transmitted,  298. 
Transportation  of  food   prohibited 

by,  referred  to,  401. 
Import  Duties  discussed,  361. 
Impressing  Officers,  instructions  to,  re 
ferred  to,  455. 
Impressment.   (See  Private  Property  ; 

Slaves.) 
Impressment,  Orders  of,  transmitted, 

299. 

Inaugural  Address  of  President  Davis: 
First,  32. 
Second,  183. 


Inauguration  of  President  Davis: 
First,  31. 
Second,  181. 

Income  Tax  referred  to,  364,  490,  547. 
Independence  of  Confederate   States, 

recognition  of — 

Attitude  of  powers  regarding,  dis 
cussed,  279,  348,  444,485. 
Commissioners  sent  to  request,  76. 
Intervention  not  desired,  487. 
Request  for,  discussed,  142. 
Indian  Affairs: 

Appropriation    for,    recommended, 

154,  242,  300,  382,  386,  503. 
Estimate  for  expenses  of  army  offi 
cers   acting   as  agents  transmit 
ted,  99. 
Indian  Affairs,  Bureau  of: 

Appropriation    for,  recommended, 

58,  407. 
Establishment    of,    recommended, 

53. 

Report  of,  transmitted,  198. 
Indian  Affairs,  Commissioner  of: 

Appointment  of,  provision  for,  rec 
ommended,  58. 
Report  of,  transmitted,  198. 
Indian  Tribes: 

Address  of  President  to,  477. 
Funds  of,  in  hands  of  United  States, 
recommendations  regarding,  150. 
Hostile  attitude  of  Cherokees  dis 
cussed,  295- 

Policy  of  Government  toward,  dis 
cussed,  149. 

Sums    invested  or  funded  for,  re 
ferred  to,  305. 
Treaties  with— 

and  other  relations  discussed, 
149,  238,  295. 

Faithful  observance  of,  by,  238. 
Report  on,  transmitted,  igx 
Iron  and  Coal  in  Alabama  referred  to, 

305- 
Iron  Furnaces  and  Forges  referred  to, 

S32- 

Isabel,  The,  appropriation  to  owners 
of,  recommended,  513 


606  Messages  and  Papers  of  the  Confederacy. 


Island  No.  io,Tenn.,  Battle  of. 

A  battle  on  an  island  in  the  Mississippi 
River,  near  the  northwestern  corner  of 
Tenn.,  Apr.  7,  1862.  The  Federals  were 
commanded  by  Gen.  Pope,  assisted  by 
Commodore  Foote,  with  7  ironclads  and 
other  vessels.  There  were  no  casualties 
011  the  Federal  side.  Confederate  loss 
about  7,000,  including  officers  and  men, 
with  many  guns  and  small  arms. 

luka,  Miss.,  Battle  of. 

A  battle  at  luka,  Tishomingo  County, 
Miss.,  about  no  miles  east  of  Memphis, 
Sept.  19,  1862.  The  Federals  were  com 
manded  by  Gen.  Rosecrans,  9,000  men, 
and  Gen.  Ord,  8,000  men;  the  Confeder 
ates,  by  Gen.  Price,  who  attacked  the 
Federals.  Federal  loss,  i  battery  of  ar 
tillery  and  about  750  men,  the  Confeder 
ate  loss  being  heavier. 


Jackson,  C.  F.,  mentioned  in  connec 
tion  with  admission  of  Missouri, 
144. 

Jackson,  Thomas  J.: 

Report  of,  on  operations  in  Valley 
District  of  Virginia  referred  to, 

193- 

Resolution  of  thanks  tendered  com 
mand  of,  230. 
Jackson,  Miss.,  Battle  of. 

A  battle  near  Jackson,  Miss.,  May  14, 
1863.  The  Federals  were  commanded  by 
Generals  Sherman  and  McPherson;  the 
Confederates,  by  Gen.  Jos.  E.  Johnston. 
Federal  loss,  300;  Confederate  loss, 
about  800. 
Referred  to,  345. 

James  Island,  S.  C.,  engagement  at, 
referred  to,  245. 

James  River,  Va.,  defenses  of,  dis 
cussed,  201. 

James  River  Squadron,  resolution  of 
thanks  tendered  officers  and  crew 
of,  231. 

Jamestown,  The,  resolution  of  thanks 
tendered  officers  and  crew  of, 
231- 

Jayhawkers. 

A  name  given  to  bands  of  lawbreakers 
who  kept  up  guerrilla  warfare  in  Kansas 
about  1860-1861. 


Jenifer,  Walter  H.,  report  of,  on  bat 
tle  of  Leesburg,  Va.,  referred  to, 
192. 

Johns,  Bishop,  mentioned,  183. 
Johnson,  Edward,  resolution  of  thanks 

tendered  command  of,  169. 
Johnston,  Albert  S.: 

Death  of,  at  battle  of  Shiloh,  Tenn., 

discussed,  209. 

Resolutions  of  Congress  on,  231. 
General,  Confederate  Army,  nomi 
nation  of,  129. 

Report   of,   on    disasters   at    Forts 
Henry  and  Donelson  referred  to, 
207. 
Johnston,  Joseph  E.: 

Correspondence  with,  regarding — 
Army    of    Tennessee,    534,    535, 

537- 

Operations  transmitted,  394. 
General,  Confederate  Army,  nomi 
nation  of,  129,  306. 
Report  of,  on  operations-  - 

In  Department  of  Mississippi  and 
East  Louisiana  transmitted, 
386. 

In  Mississippi  transmitted,  385. 
Of  Army  of  Tennessee,  514. 

Publishing  of,  disapproved,  514. 
Transmitted,  394. 
Resolutions     of    thanks    tendered 

command  of,  133,  421. 
Johnston,    Robert    D.,    resolution    of 
thanks    tendered    coinmand    of, 
422. 

Jones,  Catesby  Ap   R.,  command   of 
squadron    in   battle  of  Hampton 
Roads  assumed  by,  197,  210. 
Jones,    Sam,   transportation   of   food 

prohibited  by,  referred  to,  401. 
Jones,  T.  M.,  report  of,  on  evacuation 
of   Pensacola  Navy  Yard  trans 
mitted,  245. 
Jonesboro,  Ga.,  Battle  of. 

A  battle  near  Jonesboro,  Clayton  Coun 
ty,  Ga.,  18  miles  to  the  south  of  Atlanta. 
Aug.  31,  1864.  The  Federals  were  com 
manded  by  Gen.  Howard;  the  Confeder 
ates,  by  Gen.  Hardee.  The  latter  at- 


Index. 


607 


tacked  and  were  repulsed  with  a  loss  of 
about  1,400  in  killed  and  wounded.  Fed 
eral  loss,  about  1,200. 

Josselyn,  Robert,  resignation  of,  as 
secretary  to  President  Davis  re 
ferred  to,  200. 

Justice,  Department  of: 

Appropriation    for,  recommended, 

383,  387>  503,  5lS-  S32- 
Employees  in,  referred  to,  552. 
Report    of,    transmitted    and    dis 
cussed,  78,  192,  194,  496. 

K 

Kansas  Aid  Society. 

An  association  formed  in  1854  for  the 
purpose  of  aiding  and  promoting  free  im 
migration  into  Kansas  from  Northern 
States,  in  order  to  prevent  the  establish 
ment  of  slavery  in  that  State. 

Kansas-Nebraska  Act. 

An  act  passed  by  Congress  in  May, 
1854,  by  the  provisions  of  which  Kansas 
and  Nebraska  were  separated  and  organ- 
i/.ed  into  two  distinct  territories,  the  ques 
tion  of  slavery  being  left  to  the  people  of 
the  territories  for  settlement.  The  im- 


Kentucky  (Continued)  : 

Admission    of,    into    Confederacy, 

recommendations   regarding  ap 

plication  for,  145. 
Appropriation  for  carrying  into  ef 

fect  act  to  aid  people  of,  recom 

mended,  128. 
Banks  in,  contributing  money  for 

subjugation    of    people    of,    dis 

cussed,  148. 
Commissioner    of,    on    subject    of 

banks  sent  to  Confederate  States, 

148. 
Commissioners   of,  on    subject    of 

admission    of,  into   Confederacy 

sent  to  Confederate  States,  145. 
Invasion  of,  by  Federal  forces  and 

action  of  Confederate  authorities 

discussed,  137. 

Military  operations  in,  137,  448. 
Neutrality    of,    not    recogni/ed   by 

Federal     authorities      discussed, 


•\:o    !a^i    Jut    n    i-irtually    repealed     i  he 
Missouri  Compromise. 

Kearsarge,  The. 

A  United  States  man-of-war  built  at 
Portsmouth,  N.  II.,  in  iSw.  She  was 
commanded  by  Capt.  Winslow,  and  car 
ried  about  160  men  and  7  guns.  June  10, 
1864,  she  attacked  the  Confederate  war 
ship,  Alabama,  off  the  harbor  of  Che-- 
bourg,  France.  The  Alabama  was  com 
manded  by  Capt.  Semnies,  with  Co  men 
and  S  guns.  The  Alabama  was  disabled 
and  sunk,  her  captain  escaping. 

Kenesaw  Mountain,  Ga.,  Battle  of. 

A  battle  at  Kenesaw  Mountain,  Cobb 
County,  Ga.,  about  25  miles  northwest  of 
Atlanta,  June  27,  1864.  The  Federals 
were,  a  portion  of  Sherman's  army,  com 
manded  by  Generals  Thomas  and  Me 
Pherson.  Two  assaults  were  made  0:1 
the  Confederates  by  them,  but  they  were 
repulsed.  Federal  loss,  about  3,000;  Con 
federate  loss,  630. 

Kennons    Marshes,   Va.,    defenses  of, 

referred  to,  202. 
Kentucky: 

Act    amending  act  to  aid,  vetoed, 

408. 


Kernstown,  Va.,  Battle  of.    (See  Win- 

".K>-:'.?r,  Battles  at.) 
Knoxville,  Tenn.,  Battle  of. 

A  battle  at  Knoxville,  Tenn.,  Nov.  17. 
1863.  The  Federals,  12,000,  commanded 
by  Gen.  Burnside,  were  assaulted  by  the 
Confederates,  about  16,000,  under  Gen. 
Longstreet.  This  assault  was  repulsed, 
and  again  on  Nov.  2<>  ;i  second  assault 
was  made,  without  success.  Reenforce- 
iTients  were  sent  the  Federals  from  Chat 
tanooga,  whereupon  the  Confederates 
raised  the  siege  and  retired. 

Ku-Klux  Klan. 

A  secret  organization  in  some  of  the 
Southern  States  during  the  reconstruction 
period,  a  few  years  subsequent  to  the 
war.  It  is  believed  that  it  was  organized 
at  Pulaski,  Tenn.,  in  1866.  It  was  claimed 
for  the  order  or  society  that  in  the  be 
ginning  its  object  was  amusement,  but  it 
was  charged  against  it  that  it  meant  to 
suppress  the  negro  in  politics.  Its  mem 
bers  appeared  only  at  night,  generally  on 
horseback,  carrying  strange  banners  and 
devices,  and  dressed  in  startling  and  fan 
tastic  fashions.  Congress  passed  an  act 
in  1871  to  suppress  the  order,  and  the 
President  issued  proclamations  com 
manding  them  to  disband,  and  they  soon 
erased  to  exist. 


6o8 


Messages  and  Papers  of  the  Confederacy. 


Lamar,  Lucius  Q.  C.: 

Commissioner  to  Russia,  nomina 
tion  of,  311. 
Minister  to  Russia,  commission  of, 

explanation  regarding,  311. 
Lamar,    Thomas    G.,    Resolution   of 
thanks    tendered    command    of, 
424. 

Lamon,  Col.,  mentioned,  94. 
Lawton,  Alexander  R.: 

Nomination  of,  as  Quartermaster 
General,  and  reasons  therefor, 
392. 

Pay  of,  while  invalidated  from  serv 
ice  discussed,  405. 

Lay,  George,  report  of,  on  condition 
of  command  in  Valley  District  of 
Virginia,  transmittal  of,  refused, 
and  reasons  therefor,  193. 
Lecompton  Constitution.  (See  also 
Topeka  Constitution;  Wyandotte 
Constitution.) 

A  Constitution  adopted  by  a  convention 
held  in  Lecompton,  Kan.,  Sept.  5,  1857. 
The  convention  was  controlled  by  the  pro- 
slavery  party,  and  the  Constitution  adopt 
ed  by  it  sanctioned  slavery  in  the  Territo 
ry,  and  forbade  the  passage  of  emancipa 
tion  acts  by  the  Legislature. 
Ledbetter,  Daniel  A.,  report  of,  on  op 
erations  on  Tennessee  River  and 
at  Bridgeport,  Ala.,  transmitted, 
245- 
Lee,  Robert  E.: 

Biographical  sketch  of,  437. 
Xjeneral,  Confederate  Army,  nomi 
nation  of,  129,306. 
General  in  Chief,  appointment   of, 

570. 

Mentioned,  269,  270. 
Operations  of — 
Discussed,  346. 

Publishing  of,  disapproved,  454. 
Report  on,  transmitted,  384,  385, 

454- 

Peace  negotiations  referred  to,  550. 
Portrait  of,  436. 

Resolution  of  thanks  tendered 
command  of,  420. 


Lee,  Robert  E.  (Continued): 

United    States    army    defeated    by 
forces  under,  at  second  battle  of 
Manassas,  Va.,  240. 
Lee,  Stephen  D.: 

Report  of,  on  operations  of,  trans 
mitted,  539. 

Return  of  nomination  of,  as  Lieu 
tenant  General  requested,  537. 
Lee,  W.  H.  F.,  commission  and  pay  of, 

discussed,  406. 
Leesburg,  Va.,  battle  of,  referred  to, 

137.-  192. 

Letters  of  Marque  and  Reprisal: 
Applications  for,  invited,  60. 

Referred  to,  75. 
Issuance  of,  102. 

Act  authorizing,  104. 
Amendment  to,  113. 
Form  of  bond,  112. 
President's  instructions  regarding, 

in. 
Lexington,  Mo.,  Battle  of. 

A  battle  at  Lexington,  Lafayette  Coun 
ty,  Mo.,  Sept.  20,  1861.  The  Federals, 
3,000,  commanded  by  Col.  Mulligan,  oc 
cupied  and  held  the  town,  and  were  at 
tacked  by  the  Confederates,  28,000,  com 
manded  by  Gen.  Price.  The  Confeder 
ates  also  had  17  pieces  of  artillery.  The 
Federals  surrendered  unconditionally, 
their  loss  being,  in  killed,  wounded,  and 
captured,  3,000.  Confederate  loss  in  killed 
and  wounded,  about  1,400. 
Referred  to,  137. 
Libby  Prison. 

A  large  building  in  Richmond,  Va., 
named  for  its  owner,  who  had  used  it  for 
a  ship  chandlery  prior  to  the  war.  The 
Confederate  Government  used  it  during 
the  war  as  a  military  prison,  and  there 
were  confined  in  it  many  captured  Feder 
al  soldiers. 

Lincoln,  Abraham,  President  United 

States : 
Declaration    of,    on    slavery,    and 

rights  of  States  regarding,  291. 
Declaration  of  war  by,  against  Con 
federacy  referred  to,  63,  74. 
Letter  of  President  Davis  to — 
Introducing   peace    commission 
ers,  55. 


Index* 


6uy 


Lincoln,  Abraham,  President   United 

States  (Continued): 
Letter  of  President  Davis  to — 
Regarding    treatment    and     ex 
change  of  prisoners  of  war, 

"5,  343- 

Referred  to,  121. 
Mentioned,  273. 
Peace  negotiations  discussed.    (See 

Peace  Negotiations.) 
Power  of,  to  suspend  writ  of  habeas 
corpus   or    to   delegate   power  of 
suspension  discussed,  122. 
Little  Rock,  Ark.,  retreat  of  Confed 
erate  army  from,  discussed,  345. 
Loans: 

Appropriation  to  carry  out  act  au 
thorizing  foreign,  recommended, 
301. 
Discussed,    and    recommendations 

regarding,   77,  123,  361,  505. 
Made  hy  Branch  Bank  of  Tennessee 
to  Gen.  Ilindman  referred  to,  255. 
Propriety  of  providing  for  payment 

of,  hy  war  tax  discussed,  259. 
Loans,  Foreign   Cotton,    referred    to, 

383,  390,  488. 
Lomax's  Cavalry  Brigade,  resolution 

of  thanks  tendered,  429. 
Longstreet,  James: 

Operations  of,  discussed,  347. 
Peace  negotiations  referred  to,  550. 
Resolution    of   thanks    tendered 

command  of,  434. 
Lookout  Mountain,  Tenn.,  Battle  of. 

A  battle  on  Lookout  Mountain,  Tenn., 
near  Chattanooga,  Nov.  24,  1863.  The 
Federals,  16,000,  commanded  by  Gen. 
Hooker,  advanced  up  the  northern  face 
of  the  mountain,  and  attacked  the  Con 
federates,  who  were  retiring  from  the 
mountain  to  unite  with  Gen.  Bragg's 
forces  on  Missionary  Ridge,  and  captured 
about  1,000  prisoners. 
Discussed,  347. 

Loring,  W.  W.,  referred  to,  193. 

Louisiana: 

Appropriation  to  refund  excess  of 
war  tax  paid  by,  recommended, 
253- 


Louisiana  (Continued): 

Chief  collector  of  taxes  in,  referred 

to,  394. 
Cotton  purchased  in,  for  Govern 

ment  referred  to,  311. 
Marshalship  of,  referred  to,  309. 
Military    operations    in,    386,    448, 

482.  * 
Railroad    in,    construction    of,    re 

ferred  to,  256. 
Troops  of,  resolution  of  thanks  ten 

dered,  422. 
United  States  armies  in,  defeated, 

345- 
Wheat's  battalion  of,  disbanding  of, 

referred  to,  261. 
Louisiana,   The,    construction    of,  re 

ferred  to,  240. 

Lovell,     Mansfield,      correspondence 
with,  regarding  defenses  of  New 
Orleans,  La.,  310. 
|  Lowe,  Ex-Gov.,  mentioned,  181. 
Lowry,    W.    B.,    rank    of,    discussed, 

448. 

Ludlow,  W.  H.,  mentioned,  270. 
Lynch,  P.  N.,  special    commissioner 
to  States  of  the  Church,  nomina 
tion  of,  451. 

Lynch,  W.  F.,  mentioned,  198. 
Lynchburg,  Va.,  flour   impressed    in, 

referred  to,  304. 
Lyons,  Lord,  mentioned,  349. 


McClellan,  George  B.,  mentioned,  241, 

276. 
McClung's  Battery,  resolution  of 

thanks  tendered,  426. 
McCulloch,  Ben,  resolution  of  thanks 

tendered  command  of,  134. 
McDaniel,  Zedekiah,  joint  resolution 

directing  settlement  of  claim  of, 

vetoed,  472. 

McDowell,  Irvin,  mentioned,  276. 
McDowell,  Va.,  battle  of,  referred  to, 

320. 
McGowan's    Brigade,    resolution     of 

thanks  tendered,  433. 


610  Messages  and  Papers  of  the  Confederacy. 


McNeil,  John,    atrocious  conduct  of, 
and    murder    of    prisoners    dis 
cussed,  289,  379. 
McRae,  The,  mentioned,  79. 
Magruder,  J.  Bankhead: 
Mentioned,  202. 
Orders  to,  regarding  martial  law  in 

counties  of  Virginia,  223. 
Report  of,  on  operations  in  Trans- 
Mississippi  Department  trans 
mitted,  530. 

Resolution  of  thanks  tendered  com 
mand  of,  337. 

Mail  Contractors,  exemption  of: 
Modification  in  law  regarding,  rec 
ommended,  312. 
Referred  to,  383,  531. 
Mails.     (See  Postal  Service.) 
Major  Generals,  appointment  of,  pro 
visions  for,  in  certain  cases  rec 
ommended,  260. 

Mallory,  Stephen  R.,  reports    of,  on 
battle  in  Hampton  Roads,  197,  210. 
Malvern  Hill,  Va.,  Battle  of. 

A  battle  near  James  River,  to  the  south 
east  ,[of  Richmond,  Va.,  July  i,  1862  (the 
last  of  the  Seven  Days'  Battles).  The 
Federals  were  commanded  by  Gen.  Mc- 
Clellan ;  the  Confederates,  being  a  portion 
of  the  army  of  Gen.  Lee,  by  Generals  D. 
II.  Hill  and  Magruder.  The  Confeder 
ates  attacked  and  were  repulsed,  and  at 
night  the  Federals  retreated. 

Manassas,  Va.,  provision    for   troops 

at,  referred  to,  126. 
Manassas,  Va.,  Battles  of.    (See  Bull 

Run,  Battles  of.) 
Manly,  Basil,  mentioned,  29,  31. 
Mann,  A.   Dudley,  Commissioner  to 

Europe,  nomination  of,  57. 
Manufactures  discussed,  136. 
Marque  and  Reprisal,  Letters  of: 
Applications  for,  invited,  60. 

Referred  to,  75. 
Issuance  of,  102. 

Act  authorizing,  104. 
Amendment  to,  113. 
Form  of  bond,  1 12. 
President's  instructions  regarding, 


Marshall,  Humphrey: 

Orders  to,  regarding  martial  law 
in  Virginia,  227. 

Report  of,  on  attack  upon  com 
mand  of  Gen.  Cox  transmitted, 

245. 

Marshalship  of  Louisiana  referred  to, 
309. 

Martial  Law  extended,  and  orders  re 
garding,  219,  22O,  221,  222,  223, 
224,  225,  226. 

Mason,  James  M.,  Minister  to  Great 
Britain : 

Commission  of,  explanation  re 
garding,  31 1. 

Commissioner  to  Great  Britain, 
nomination  of,  128. 

Seizure    of,    on     British     ship    by 
United    States    authorities     dis 
cussed,  141.     (See  also  Trent  Af 
fair.) 
Mason  and  Dixon's  Line. 

The  boundary  line  between  Pennsylva 
nia  and  Maryland.  The  name  comes  from 
that  of  the  surveyors  who  marked  the  line 
in  1766.  They  were  Charles  Mason  and 
Jeremiah  Dixon,  two  Englishmen  who 
had  been  employed  by  William  Penn  and 
Lord  Baltimore  to  make  the  survey  and 
mark  the  line. 

Mechanicsville,  Va.,  Battle  of. 

A  battle  in  front  of  Richmond,  Va., 
June  26,  1862.  It  is  called  one  of  the  Sev 
en  Days'  Battles.  It  is  also  called  the 
battle  of  Beaver  Dam  Creek.  The  Feder 
als  were  commanded  by  Gen.  Fitz  John 
Porter;  the  Confederates,  by  Generals 
Longstreet  and  A.  P.  Hill.  The  Confed 
erates  attacked  and  were  repulsed  with 
loss  of  about  i  ,400.  The  Federal  loss  was 
less. 

Medical  Board  of  Examiners  for  grant 
ing  furloughs  referred  to,  240. 

Medical  Department  of  Army,  appro 
priation  for,  recommended,  250. 

Medical  Purveyors,  appropriation  for 
fulfillment  of  contracts  of,  recom 
mended,  310. 

Members  of  Congress.  (See  Repre 
sentatives.) 

Memminger,  Christopher  G.,  men 
tioned,  29. 


Index. 


611 


Memphis,  Teafi.,  Confederate  Con 
gress  invited  to  hold  session  in, 
100. 

Memphis,  Tenn.,  Battle  of. 

A  battle  by  the  Federal  lleet,  under 
command  of  Commodore  Davis,  and  Con 
federate  lleet,  under  command  of  Commo 
dore  Montgomery,  June  6,  1862.  The  ves 
sels  of  the  latter  were  destroyed,  with  but 
little  loss  of  life. 

Meridian,  Miss.,  railroad  from  Selma, 

Ala.,  to — 

Recommended,   15^. 
Referred  to,  212. 
Merrimac,  The.     (See  also  Hampton 

Roads,  Battle  of.) 

Plan  and  construction  of  the  I'ir- 
ginia  applied  to,  referred  to, 
207. 

Merrimac-Monitor  engagement  in 
Hampton  Roads  discussed,  197, 

210. 

Mexico: 

Occupation  of  capital  of,  by  French 
army  discussed,  359. 

Relations  with,  discussed,  359. 
Middle  Creek,  Ky.,  Battle  of. 

A  kittle  at  Middle  Creek,  about  2  miles 
from  Prcstonsburg",  Ky.,  Jan.  10, 1862.  The 
Federals,  1,^00,  were  commanded  by  Gen. 
Gariield;  the  Confederates,  about  the 
same  number,  by  Gen.  Humphrey  Mar 
shall.  The  Federals  were  reenforced  in 
the  evening,  and  the  Confederates  re 
tired  from  the  field  with  a  loss  of  75;  Fed 
eral  loss,  about  50. 

Miles,  W.  Porcher,  mentioned,  30. 
Military  Arrests  of  citizens  of  Confed 
erate  States  referred  to,  243,  304. 
List  of  prisoners  in  Salisbury,  N. 

C.,  referred  to,  308. 
Military  Chaplains,  appointment   of, 
recommendations  regarding,  Si.    i 
Military  Courts,  recommendations  re-  ! 

garding,  448,  538. 
Military  Hospitals : 

Appropriation    for,   recommended, 

127. 

In    and    near    Richmond,    Va.,  re 
ferred  to,  407. 
Referred  to,  318. 


Military  Supplies: 

Appropriation    for,  recommended, 

53,  73. 

Funds  sent  abroad  for,  referred  to, 
242,  261. 

Recommendations  for  procuring, 
532,  545,  552- 

Transfer   of,  from  State  deposito 
ries  to  General  Government,  rec 
ommendations  regarding,  56. 
Militia  Law,  General,  recommended, 

491,  548, 
Mill  Springs,  Ky.,  Battle  of, 

A  battle  at  Mill  Springs,  V/iiyne  Coun 
ty,  Ky.,  90  miles  to  the  southeast  of 
Frankfort,  Jan.  19,  1862.  The  Federals, 
8,000,  were  commanded  by  Gen.  Thomas; 
the  Confederates,  by  Generals  Crittenden 
and  Zollicoffer,  the  latter  of  whom  was 
killed.  The  Confederates  retreated,  los 
ing  artillery,  wagons,  and  small  arms. 
Losses  in  men,  about  300  on  each  side. 

Milliken's  Bend,  La.,  Battle  of. 

A  battle  on  the  Mississippi  River,  in 
Madison  Parish,  La.,  17  miles  north  of 
Yickshurg,  June  7,  1863.  The  Confed 
erates,  3,000,  commanded  by  Gen.  MeC'ul- 
loch,  made  the  attack  and  were  repulsed. 
Federal  loss,  404  in  killed  and  wounded. 

Milroy,  Robert  H.,  atrocities  commit 
ted  bv,  discussed  and  referred  to, 
289,  298. 

Mining,  Bureau  of,  report  of,  dis 
cussed,  374. 

Ministers,  Confederate  States: 

Commissions    of,    explanation    re 
garding,  311. 
Correspondence  \\ith,  transmitted, 

I55>  I96,3i3,  3i5>499,  505- 

Discussed,  76,  279. 

Mission  of,  discussed,  279. 

Nomination  of,  57,  1:8,  311. 

Reasons  for  sending,  to  Russia 
transmitted,  315. 

Recall  of,  from  Great  Britain  dis 
cussed,  357. 

Seized  by  United  States  authori 
ties  discussed,  141.  (See  also 
Trent  Affair.) 

Minors,  act  allowing,  to  hold  commis 
sions  in  Army,  explanation  re 
garding,  314. 


612  Messages  and  Papers  of  the  Confederacy. 


Missionary    Ridge,    or    Chattanooga, 
Tenn.,  Battle  of. 

A  battle  on  Missionary  Ridge,  near  the 
border  line  of  Tennessee  and  Georgia,  4 
miles  from  Chattanooga,  Nov.  25,  1863. 
The  Federals  were  commanded  by  Gen. 
Grant;  the  Confederates,  by  Gen.  Bragg. 
Federal  losses  in  this  battle,  and  around 
Chattanooga  in  that  campaign,  about 
6,000  in  killed,  wounded,  and  missing; 
Confederate  loss,  9,000,  including  6,000 
prisoners.  After  severe  fighting  during 
the  25111,  near  night,  the  Confederates  re 
treated. 

Referred  to,  347. 
Mississippi: 

Act  to  establish  court  of  admiralty 
and  maritime  jurisdiction  in,  ve 
toed,  101. 

Courts  in,  discussed,  78. 

Military  operations  in,  385,  386, 448, 

f    483. 

Troops   of,    resolutions    of    thanks 

te'ndered,  426,  428,  432. 
Mississippi  and  East  Louisiana,  De 
partment  of,  report  on  operations 
in,  transmitted,  386. 
Mississippi  River: 

Hostile  descent  of,  and  prepara 
tions  for  defense  of,  referred  to, 
125- 

Navigation    of,  legislation    regard 
ing,  discussed,  77. 
War  on,  345. 

Mississippi,  The,  construction  of,  re 
ferred  to,  240. 
Missouri: 
Act- 
Declaring    relations    between 
United    States    and,    dissolved 
transmitted,  144. 

Providing  for  raising  and  organ 
izing  troops  in — 
Returned,  with  reasons  there 
for,  155. 
Vetoed,  160. 

Ratifying  Provisional  Constitu 
tion  of  Confederate  States 
transmitted,  144. 


Missouri  (Continued): 

Admission  of,  into  Confederacy — 
Consideration    of    Congress    re 
specting,  requested    by    Presi 
dent,  144. 
Proclaimed,  166. 
Appropriation   for  aid  o'f  destitute 

people  in,  recommended,  126. 
Convention  with  Confederate 

States  transmitted,  144. 
Military  operations  in,  137,  483. 
Troops    of,    resolutions    of    thanks 

tendered,  168,  480. 
Missouri  Compromise. 

A  compromise  or  agreement,  relative  to 
the  extension  of  slavery,  made  in  Congress 
between  the  proslavery  and  the  antislav- 
ery  members.  The  agreement  was  embod 
ied  in  an  act  passed  Mch.  2,  1820,  and  the 
act  admitting  Missouri  into  the  Union  in 
1821.  In  consideration  of  the  admission  of 
Missouri  as  a  slave  State,  it  was  'agreed 
and  enacted  that  in  all  the  territory  ceded 
by  France,  known  as  the  Louisiana  Terri 
tory,  north  of  36°  30' north  latitude,  ex 
cepting  Missouri,  slavery  should  be  for 
ever  prohibited. 

Mitchell,  John  H.,  findings  of   court 
of  inquiry  in  case  of,  referred  to, 

319. 

Mobile,  Ala.,  naval  attack  on,  448. 
Mobile  Bay: 

Appropriation   for  defense  of,  rec 
ommended,  196. 

Outer   defenses  of,  capture  of,  re 
ferred  to,  483. 
Mobile  Bay,  Ala.,  Battle  of. 

A  naval  battle  in  Mobile  Bay,  Ala.,  on 
Aug.  5,  1864.  The  Federals,  7  sloops  of 
war  and  4  ironclads,  were  commanded  by 
Admiral  Farragut;  the  Confederates,  i 
ironclad  ram  and  3  gunboats,  were  com 
manded  by  Admiral  Buchanan.  Gen. 
Gordon  Granger  was  also  in  command  of 
about  4,000  land  troops  of  Federals,  and 
acted  in  conjunction  with  the  fleet.  The 
Federal  monitor  Tecumsch  was  sunk. 
The  Confederate  ironclad  Tennessee  was 
surrendered,  the  Gaines  was  disabled,  the 
Selma  was  captured,  and  the  Morgan  es 
caped  up  the  Bay.  Federal  loss,  165 
killed,  and  170  wounded;  Confederate  loss, 
including  the  garrison  of  the  forts  which 
surrendered,  104  guns  and  1,500  men. 


Index. 


613 


Monitor,    The.     (See    also    Hampton 

Roads,  Battle  of.) 
Mentioned,  202. 
Monitor-Merrimac  e  n  g  a  g  e  in  e  n  t  in 

Hampton    Roads    discussed.   197, 

210. 
Monocacy,  Md.,  Battle  of. 

A  battle  near  the-  town  of  Frederick, 
Mel.,  a  short  distance  from  the  Monocacy 
River,  July  9,  1864.  The  Federals  were 
commanded  by  Gen.  Lew  Wallace;  the 
Confederates,  by  Gen.  Early.  The  Fed 
erals  were  defeated  with  loss  of  100  killed, 
579  wounded,  and  1.300  missing.  Confed 
erate  loss,  about  700. 

Montgomery,  Ala.,  seat  of  Govern 
ment  removed  to  Richmond,  Ya., 
from,  117. 

Resolution    providing    for,    vetoed, 
I  oo. 

Moore,  George,  British  Consul,  exe 
quatur  of,  revoked,  325. 

Morgan,  John  H.,  resolution  of  thanks 
tendered  command  of,  338. 

Morgan's  Raid. 

In  the  summer  of  1X05  Gen.  Join:  II. 
Morgan,  with  his  command  of  about  .2,500 
cavalry,  and  1,000  Kentuckians.  who 
joined  him  as  lie  passed  through  that 
State  from  the  South,  crossed  the  Ohio 
River  into  Indiana.  lie  passed  through 
the  southern  portion  of  that  State  in  the 
direction  of  Cincinnati,  destroying  bridg 
es  and  railroads  in  his  line  of  march.  On 
July  19  he  reached  the  Ohio  River  at  Buf- 
fington  Ford,  having  passed  to  the  north 
of  Cincinnati.  A  battle  was  fought  :it 
the  Ford  with  the  Federals  and  their  gun 
boats.  About  Soo  of  his  command  were 
made  prisoners.  He  then  marched  farther 
up  the  river  to  Xew  Lisbon,  where  he 
was  surrounded  by  the  Federals  and  taken 
prisoner.  On  this  raid  he  lost  nearly 
2,000  of  his  men.  who  were  captured  and 
sent  to  prison. 

Morris,  John  D.,  commissioner  of 
Kentucky  to  Confederate  States 
on  subject  of  banks,  148. 

Morris  Island,  S.  C.,  military  opera 
tions  on,  499. 

Morton,  Jackson,  member  of  Presi 
dential  notification  committee,  30. 


Mulberry  Island,  defenses  of,  referred 
to,  202. 

Mumford,Wm.B.,  hanging  of,  by  Unit 
ed  States  authorities,  and  retalia 
tory  measures  proclaimed,  269. 

Mumfordsville,  Ky.,  Battle  of. 

A  battle  at  Mumfordsville,  Ky.,  Sept. 
i7)  iS6^.  The  Federals  were  commanded 
by  Gen.  Wilder,  who  was  in  charge  of 
the  post,  with  about  4,000  men.  The  Con 
federates  were  commanded  by  Gen. 
Bragg.  The  post  was  surrendered  with 
the  entire  garrison,  4,000,  to  the  Confed 
erates,  with  many  guns,  army  stores,  etc. 

Munitions  of  War.  (See  Ordnance 
and  Ordnance  Supplies.) 

Murfreesboro,  Tenn.,  Battle  of.  (See 
Stone's  River,  Battle  of.) 

Myers,  A.  C.,  mentioned,  394. 


Nashville  Convention. 

A  convention  assembled  in  Nashville, 
Tenn.,  in  June,  1^50,  with  delegates  from 
all  the  Southern  States.  It  was  called  to 
consider  the  slavery  question,  having 
been  suggested  by  a  convention  sitting  in 
Mississippi  the  previous  year.  Resolu 
tions  condemningthe  Wilmot  Provisoar.d 
the  Missouri  Compromise  were  passed. 
The  convention  assembled  again  in  No 
vember  of  the  same  year,  and  passed  mod  - 
crate  resolutions. 

Nashville,  Tenn.,  evacuation  of,  and 
removal  of  public  property  from, 
referred  to,  245. 

Nashville,  Tenn.,  Battle  of. 

A  battle  near  Nashville,  Tenn.,  Dec.  15, 
1 6,  1864.  The  Federals,  5'>,ooo,  were 
commanded  by  Gen.  Thomas;  the  Con 
federates,  by  Gen.  Hood.  The  attack  was 
made  by  the  Federals  on  the  151)1  and  re 
newed  on  the  ic'.th.  The  Confederates  re 
treated  to  the  south,  with  heavy  losses  of 
men  and  guns. 

Nashville,  The,  report  on  cruise  of, 
transmitted,  214. 

Naturalization  of  Aliens,  act  repealing 
laws  authorizing,  vetoed,  165. 

Naval  and  Military  Supplies,  funds 
sent  abroad  for,  referred  to,  242, 
261. 

i  Naval  Officers.  (See  Navy,  Confed 
erate  States  ) 


614  Messages  and  Papers  of  the  Confederacy. 


Naval  Vessels: 

Act  for  building,  vetoed,  266. 
Appropriation  for  purchase  of,  rec 
ommended,  201,  249. 
Construction  of,  discussed,  378. 
Fund  raised  by  ladies  of  South  Car 
olina  for  construction  of,  451. 
Names  of  officers  and  contractors 
abroad,   communication    regard 
ing,  302. 
Purchase   and   construction  of, 

abroad  referred  to,  204,  211. 
Communication  regarding,  302. 
Navigation  of  Mississippi  River,  legis 
lation  for,  discussed,  77. 
Navy,  Confederate  States: 
Act- 
Increasing  number  of  acting  mid 
shipmen  in,  vetoed,  553. 
Providing  for  payment  of  arrears 

due,  vetoed,  561. 

Appropriation  for  purchase  of  ves 
sels  for,  recommended,  201,  249. 
Increase    in,    recommended,     194, 

201. 
Officers  in— 

Abroad,  names  of,  not  communi 
cated,  reasons  therefor,  302. 
Appropriation  to  pay  allowances 

to,  recommended,  407. 
Instructions  to,  regarding  evacu 
ation  of  Norfolk  and  New  Or 
leans  referred  to,  240. 
Nomination  of,  454. 
Renomination  of  certain,  advice 
of  Senate  regarding,  requested, 
246. 

Statement    regarding,    transmit 
ted,  240. 
Operations  of,  discussed,   138,   197, 

210,  332. 

Purchase  and  construction  of  ves 
sels  for,  abroad  referred  to, 
204,  211. 

Communication  regarding,  302. 
Navy  Department: 

Appropriation  for,    recommended, 
205,  213,  317,  408,  502,  518,  5.51. 


Navy  Department  (Continued): 

Number  of  men  between  18  and  45 

necessary  in,  531. 

Report  of,  transmitted  and  dis 
cussed,  79,  138,  IQO,  193,  195,  237, 

295,  3i3»  378>  496- 
Navy,  Secretary  of: 

Appropriations  recommended  by. 
(See  Appropriations.) 

Communication  of,  regarding  pub 
lic  defense  transmitted,  208. 

Report  of,  transmitted  and  dis 
cussed,  79,  138,  190,  193,  195,  237, 

295,  3'3»  378,  496- 
Navy,  Volunteer,  act  establishing,  re 
ferred  to,  319,  378. 

Negroes.     (See  African  Slave  Trade; 
Fugitive  Slave  Laws ;  Slave  Rep 
resentation;  Slavery;  Slaves.) 
Nelson,  Samuel,  mentioned,  94,  95,96. 
Neutrality  of — 

Foreign  powers  in  War  between  the 

States  discussed,  280,  348,  444. 
Partiality  of,  in  favor  of  United 
States    discussed,    280,    348, 
444. 

Retaliatory    measures    dis 
cussed,  358. 

Kentucky  in  War  between  the 
States,  and  action  of  Confederate 
generals  regarding,  discussed, 

137- 
New  Echota,  Treaty  of,  referred  to, 

306. 
New  England  Emigrant  Company. 

A  corporation  formed  in  Boston,  in 
1855,  to  assist  antislavcry  emigration 
from  the  Northern  States  into  Kansas,  the 
object  being  to  make  Kansas  a  free  State. 

New  Hope  Church,  or  Pumpkin  Vine 
Creek,  Ga.,  Battle  of. 

A  battle  near  New  Hope  Church,  in 
Paulding  County,  Ga.,  4  miles  from  Dal 
las,  May  25,  1864.  The  Federals  were 
commanded  by  Gen.  Sherman;  the  Con 
federates,  by  Gen.  Johnston.  Loss  on 
each  side,  about  2,500. 

New  Madrid,  Mo.,  Battle  of. 

A  battle  at  New  Madrid,  New  Madrid 
County,  Mo.,  about  50  miles  to  the  south 


Index. 


615 


of  Cairo,  Mch.  14,  1862.  The  Federals, 
20,000,  were  commanded  by  Gen.  Pope; 
the  Confederates,  a  much  smaller  num 
ber,  by  Gen.  McCown.  The  latter  retired 
at  night  with  small  loss.  Federal  loss,  51- 

New  Orleans,  La.: 

Defenses  of,  referred  to,  310. 
Evacuation  of,  instructions  to  offi 
cers  regarding,  referred  to,  240. 
New  Orleans,  La.,  Capture  of. 

The  city  of  New  Orleans  was  attacked 
by  the  Federals,  with  a  licet  under  com 
mand  of  Admiral  Farragut,  in  April, 
iS62.  The  forts  protecting-  it  were  Fort 
Jackson  and  Fort  St.  Philip.  It  was  de 
fended  also  by  an  ironclad  ram,  Manas- 
.v</.v,  ;md  a  flouting  battery,  the  Louisiana, 
commanded  by  Commodore  J.  K.  Mitch 
ell.  The  Federal  fleet  consisted  of  6 
sloops  of  war,  16  gunboats,  and  21  schoon 
ers.  The  bombardment  was  continued 
for  several  days.  On  May  i  the  Federals 
occupied  the  city.  Loss  of  life  light  on 
each  side. 

Proceedings  of  court  of  inquiry  re 
garding,  transmitted,  457. 
Newbern,  N.  C.,  Capture  of. 

A  battle  at  Newbern,  Craven  County, 
X.  C.,  Mch.  i-},  1862.  The  Federals  were 
commanded  by  Gen.  TJurnside.  They  as 
saulted  the  Confederate  works  and  cap 
tured  the  city,  many  of  the  Confederates 
retreating.  Federal  loss,  about  100 killed 
and  470  wounded ;  Confederate  loss,  killed, 
wounded,  and  prisoners,  about  2,500. 

Referred  to,  212. 
Newspapers: 

Act  authorizing  free  mailage  of,  to 
soldiers  vetoed,  556. 

[oint   resolution    in    regard    to  ex 
emption  of  editors  and  employees 
of,  vetoed,  465. 
Nominations,  Executive: 

Communication  correcting  mis 
takes  in,  transmitted,  259. 

Constitutional  powers  of  Executive 
and  Senate  regarding,  discussed, 
3S8. 

Reasons  for  making  certain,  trans 
mitted,  392,  448. 

Renomination  of  certain  officers, 
advice  of  Senate  regarding  ne 
cessity  of,  requested,  246. 


Nominations,  Executive  (Continued): 
Return  of,  requested,  148,  241,  537. 
Special  session  message  regarding, 

134- 
Norfolk,  Va.: 

Evacuation  of,  instructions  to  offi 
cers  regarding,  referred  to,  240. 
Martial  law  in,  proclaimed,  and  or 
ders  regarding,  219. 
Norfolk,  Va.,  Surrender  of. 

The  Confederates  were  in  occupation 
of  Norfolk,  Va.,  in  1861.  May  10,  1862, 
an  expedition  was  sent  by  the  Federals, 
under  Gen.  Wool,  from  Fortress  Monroe 
to  attack  the  city.  The  Confederates 
withdrew,  and  the  city  was  surrendered. 

North  Anna,  Va.,  Battle  of. 

A  battle  at  North  Anna,  Va.,  north  of 
Richmond,  May  23,  186).  The  Federals 
were  commanded  by  Gen.  Grant;  the  Con 
federates,  by  Gen.  Lee.  After  heavy 
fighting,  the  Federals  were  repulsed,  with 
a  loss  of  over  r,^oo  killed  and  wounded. 

North  Carolina : 

Admission  of,  into  Confederacy  re 
ferred  to,   117. 
Contemplated,  98. 
Appropriation  to  pay  claims  of,  for 
supplies  furnished  troops  recom 
mended,  304. 

Appropriation  to  refund  excess  of 
war  tax  paid  by,  recommended, 

239- 

Commissioner  of,  on  subject  of  ad 
mission  of,  into  Confederacy  ac 
credited  to  Confederate  States,  98. 

Confederate    Constitution    adopted 

by,  117- 

Conscript  law   in,  enforcement  of, 

referred  to,  387. 
Exempts  in,  referred  to,  383. 

Conspiracy  in,  discussed,  and  rec 
ommendations  regarding,  498. 

Landing  of  Federal  troops  on  coast 
of,  referred  to,  129. 

Legislative  action   of,   referred   to, 

347- 

Military  operations  in,  298,  448. 

Troops  of,  resolutions  of  thanks  ten 
dered,  422,  424,  427,  430,  432,  479. 


616  Messages  and  Papers  of  the  Confederacy. 


North  Carolina  Railroad,  connection 
with  Richmond  and  Danville 
Railroad  referred  to,  212,  242. 


Odium,  Frank  H.,  resolution  of  thanks 

tendered  command  of,  424. 
Officers,  Army : 
Absence  of — 

Act  to  prevent,  referred  to,  388. 
Discussed,  and  recommendations 

regarding,  372. 
Act- 
Authorizing  appointment  of  ad 
ditional  artillery,  for  ordnance 
duties  vetoed,  466. 
Providing    for    promotion  of,  in 

certain  cases  vetoed,  558. 
Appointed  under  act  approved  Oct. 

13,  1862,  referred  to,  400. 
Appointed    under    act    to    raise 
troops,  approved  Oct.  11,  1862,  re 
ferred  to,  392. 
Communication    of,    serving    in 

cities,  300. 

Deprived  from  purchasing  ra 
tions,  recommendations  regard 
ing-  447- 

Employed  in  Departments  in  Rich 
mond,  Va.,  referred  to,  514,  552. 
Estimate  of  expenses  of,  acting  as 

Indian  agents,  99. 
Guilty  of  absence  without  leave  and 

desertion  pardoned,  329. 
Incompetent — 

Discussed,  and  recommendations 

regarding,  257. 

List  of  retired,  transmitted,  453. 
New  mode  of  withdrawing  com 
missions  of,  recommended,  236. 
Increase  of  allowances  to,  traveling 
under  orders  recommended,  448. 
List  of— 

In  artillery  of  Provisional  Army 
for  performance    of    ordnance 
duties  transmitted,  384. 
Referred  to,  251. 
Retired,  transmitted,  453. 


Officers,  Army  (Continued): 

Pay  and  allowances  of  general, 
while  invalidated  from  service 
discussed,  405. 

Provision  for  appointment  of  brig 
adier  and  major  generals  in  cer 
tain  cases  recommended,  260. 

Provision  for  invalid,  resigning 
from  service  recommended,  447. 

Renomination  of  certain,  advice  of 
Senate  regarding  necessity  of,  re 
quested,  246. 

Sale  of  cloth  and  clothing  to,  re 
ferred  to,  504. 

Sick  and  wounded,  accommoda 
tions  for,  referred  to,  519. 

Tenure  of  office  of,  in  Provisional 
Army,  recommendations  regard 
ing*  447- 
Officers,  Impressing,    instructions  to, 

referred  to,  455. 
Officers,  Naval : 

Abroad,  names  of ,  not  communica 
ted,  reasons  therefor,  302. 

Appropriation  to  pay  allowances 
to,  recommended,  407. 

Employed  in  Departments  at  Rich 
mond,  Va.,  referred  to,  514. 

Instructions  to,  regarding  evacua 
tion  of  Norfolk  and  New  Orleans 
referred  to,  240. 

Nomination  of,  454. 

Renomination  of  certain,  advice  of 
Senate  regarding  necessity  of,  re 
quested,  246. 

Statement  regarding,  transmitted, 

240. 

Officers,   Ordnance,  examination  and 
appointment  of,  referred  to,  300. 
Officers,  Public,  compensation  of,  re 
ferred  to,  490. 
Offices,  Public,  vacancies  in,  recom 
mendations  regarding,  260. 
Olustee,  Fla.,  Battle  of. 

A   battle   at    Olustee,    Baker    County, 
,  Fla.,  50  miles  west  of  Jacksonville,  Feb. 
20,  1864.     The  Federals  were  commanded 
by   Gen.    Seymour,    with   5,000    men,    20 
steamers,  and  8  schooners.     The  Con  fed- 


Index. 


617 


erates  were  commanded  by  Gen.  Finne- 
gan,  who,  after  fierce  fighting-,  defeated 
the  Federals,  the  latter  losing  5  pieces  of 
artillery  and  about  2,000  men. 

Opequan,  Va.,  Battle  of.     (See  Win 
chester,  Battles  at.) 
Ord,  E.  0.  C.,  correspondence  in  peace 

negotiations,  521. 
Referred  to,  ^50. 
Ordnance  and  Ordnance  Supplies : 
Act- 
Authorizing  appointment  of  ad 
ditional    artillery    officers    for 
ordnance  duties  vetoed,  466. 
Encouraging      manufacture      of 
small  arms,  etc.,  within    Con 
federate  States  vetoed,  158. 
Appropriation    for,   recommended, 

249. 

Contracts  for,  discussed,  79. 
Gunpowder 

Appropriation    for    purchase    of, 

recommended,  158. 
Manufacture  of,  discussed,   199. 
Machinery  removed  from  Harpers 

Ferry,  report  regarding,  125. 
Manufacture  of,  recommendations 
regarding,  194,  199. 

Purchase   of,    abroad    referred    to,  : 

204. 
Transfer  of,  from  State  depositories  I 

to  General  Government,  recom-  \ 

mendations  regarding,  ^6. 
Ordnance  Bureau : 

Appropriation    for,  recommended, 

213,  299,  309. 
Report    of,    transmitted     and     dis-  i 

cussed,  301,  374. 
Ordnance,  Chief  of,  report  of,  trans: 

mitted  and  discussed,  301,  374. 
Ordnance   Officers,    examination    and  i 

appointment  of,  referred  to,  300. 
Orr's  Rifles,  resolution  of  thanks  ten-  j 

dered,  433. 

Ould,  Robert,  mentioned,  270. 
Outrages  committed  by  United  States 

authorities  and  soldiers,  115,  119, 

127,    128,    137,   140,   184,  233,   289, 

298,    329.    376,  379,  443,  493,  564. 


Outrages  (Continued): 
Retaliatory  measures — 
Discussed,  234. 
Proclaimed,  269. 
Discussed,  289. 
Threatened,  115,  120,  141. 

P 

Palmetto  Light  Artillery,  organization 
and  disbanding  of,  referred  to,  456. 

Pannill,  William,  orders  to,  regarding 
martial  law  in  Petersburg,  Va., 

Paris,  Congress  of,  principles  of  war 
declared  by,  discussed,  283,  349 
358>  359- 

Paris,  Declaration  of. 

A  convention  was  held  in  Paris,  partici 
pated  in  by  many  leading  nations,  Mch. 
30,  1856,  in  which  a  treaty  was  concha! 
ed,  and  a  declaration  made  with  regard  to 
the  conduct  of  war.  The  declaration  was: 
first,  privateering  is,  and  remains,  abol 
ished.  Second,  neutral  goods  in  enemies' 
ships,  and  enemies'  goods  in  neutral 
ships,  except  contraband  of  war,  are  not 
liable  to  capture.  Third,  paper  blockades 
are  unlawful.  While  other  nations  agreed 
to  (he  declaration,  the  United  States  de 
clined  to  do  so,  refusing  to  consent  to  tin- 
abolition  (if  privateering. 

Parke,  John  G.,  correspondence  in 
peace  negotiations,  522. 

Parker,  W.  H.,  mentioned,  198. 

Passport  System,  Domestic,  referred 
to,  401. 

Passports  issued  youths  to  leave  Con 
federate  States  referred  to,  516. 

Patent  Office  discussed,  78,  192. 

Patent  Rights  for  foreigners,  recom 
mendations  regarding,  78. 

Patents,  Bureau  of,  establishment  of, 
recommended,  78. 

Patrick  Henry,  The,  resolution  of 
thanks  tendered  officers  and 
crew  of,  231. 

Pea  Ridge,  Ark.,  Battle  of. 

A  battle  at  Pea  Ridge,  Benton  County, 
Mo.,  Mch.  7-8,  1862.  The  Federals,  about 
11,000,  were  commanded  by  Gen.  Samuel 
R.  Curtis:  the  Confederates,  by  Gen.  Van 
Dorn.  With  the  forces  of  the  latter  were 


<6i8  Messages  and  Papers  of  the  Confederacy. 


about  5,000  Indians,  commanded  by  Gen. 
Albert  Pike.  The  fighting  continued 
through  one  day  and  a  portion  of  the  sec 
ond,  when  the  Confederates  retreated, 
their  loss  being  about  1,300,  including 
Generals  McCulloch  and  Mclntosh,  who 
were  killed;  Federal  loss,  in  killed, 
wounded,  and  missing,  1,351- 

Peace  Commissioners  to  Washington. 

(See  also  Peace  Negotiations.) 
Conduct  of   Federal  Government 
in     negotiations    discussed,     70, 
185. 

Correspondence  between  Secretary 
Seward,  Judge  Campbell,  and, 
84. 

Transmitted,  82. 

Letter  of  President  Davis  to  Presi 
dent  Lincoln  introducing,  55. 
Nomination    and    appointment   of, 

55 *  56- 
Peace  Conferences. 

A  conference  of  the  representatives  of 
2i  States  met  in  Washington,  Feb.  4, 
1861.  This  conference  was  called  by  reso 
lution  of  the  Legislature  of  Virginia.  It 
sat  2  weeks,  and  proposed  an  amendment 
to  the  Constitution  of  the  United  States 
on  the  slavery  question.  No  action  was 
taken  by  Congress  to  pass  the  amend 
ment.  "In  July,  1864,  Horace  Greeley,  rep 
resenting  President  Lincoln,  met  C.  C. 
Clay,  Jr.,  of  Ala.,  J.  P.  Holcombe,  of  Va., 
and  others,  at  Niagara  Falls,  in  confer 
ence,  but  without  result.  A  third  con 
ference  was  held  at  Hampton  Roads,  Va., 
in  Feb.,  1865,  between  President  Lincoln 
and  Secretary  of  State  W.  II.  Seward, 
representing  the  United  States,  and  Alex 
ander  H.  Stephens,  John  A.  Campbell, 
and  R.  M.  T.  Hunter,  the  Confederacy. 
This  conference  also  was  without  result. 
(5'9t  S49-) 

Peace  Negotiations: 

Conduct  of  Federal  officials  regard 
ing,  discussed,  70. 

Correspondence  between  Confed 
erate  commissioners,  Secretary 
Seward,  and  Judge  Campbell, 
84. 

Transmitted,  82. 
Discussed,  497,  519,  549. 
Hampton    Roads   Conference   dis 
cussed,  519,  549. 


Peace  Negotiations  (Continued): 
Hampton  Roads  Conference — 
Message  and  correspondence  of 

President  Lincoln,  521. 
Report  of  commissioners,  520. 
Military    convention    for,  referred 

to,  550,  552- 

Refusal  of  United  States  to  enter 
into,   discussed,    70,  82,  381,  519, 

550. 

Willingness  of  any  State  of  United 
States   to  enter  into  convention 
regarding,  referred  to,  500. 
Peach  Tree  Creek,  Ga.,  Battle  of. 

A  battle  in  front  of  Atlanta,  Ga.,  July 
20,  1864.  The  Federals  were  commanded 
by  Gen.  Sherman;  the  Confederates,  by 
Gen.  Hood.  The  latter  made  the  attack, 
which  fell  mainly  on  the  troops  of  Gen. 
Newton.  After  a  severe  engagement, 
the  Confederates  withdrew  into  their  en 
trenchments,  with  a  loss  of  500  dead  and 
i ,000  wounded;  Federal  loss,  in  killed, 
wounded,  and  missing,  1,500. 

Pee  Dee  Artillery,  resolution  of  thanks 

tendered,  433. 

Pegram,    Robert    B.,    report    of,    on 
cruise  of  the  Nashville  transmit 
ted,  214. 
Pemberton,  John  C.: 

Orders  to,  regarding  martial  law  in 

South  Carolina,  226. 
Report  of,  transmitted,  on — 

Battle   of   Port   Gibson,  Baker's 
Creek,  and  siege  of  Vicksburg, 
386. 
Engagement    on    James    Island, 

245. 
Operations  of,  385. 

Pensacola,  Fla.: 

Bombardment  of,  referred  to,  200. 
Evacuation   of   forts,    etc.,   at,    re 
ferred  to,  245. 

Pensions,  appropriation  for,  recom 
mended,  79. 

Perkins,  John,  Jr.,  member  of  Vice 
Presidential  notification  commit 
tee,  30. 

Perry ville,  Ky.,  Battle  of. 

A   battle -at  Perry  villc,  Boyle  County, 


Index. 


619 


Ky.,  Oct.  8,  1862.  The  Federals,  58,000, 
were  commanded  by  Gen.  Buell;  the  Con 
federates,  40,000,  by  Gen.  Bragg.  The 
battle  lasted  all  day,  and  at  night  the  Con 
federates  retired  toward  the  south  and 
were  not  pursued.  Federal  loss,  916 
killed,  including  Gen. Jas.  S.Jackson  and 
William  T.  Terrill,  3,000  wounded,  and 
500  missing;  Confederate  loss,  killed, 
wounded,  and  missing,  3,300. 

Personal  Liberty  Laws. 

These  were  laws  passed  by  many  of  the 
States  of  the  North,  prior  to  the  war, 
through  their  Legislatures,  impeding  and 
hindering  the  operation  of  the  provision 
<>f  the  Constitution  of  the  United  States 
which  provided  for  the  surrender  of  fugi 
tive  slaves.  The  Constitution  of  the 
United  States,  in  section  2  of  article  4, 
provided  in  substance  that  slaves  escaping 
from  one  State  into  another  should,  on  ap 
plication  of  the  owner  thereof,  be  sur 
rendered  and  delivered  up  to  him.  It  was 
contended  that  these  laws,  known  as  per 
sonal  liberty  laws,  were  directly  in  con 
travention  of  the  provision  of  the  Consti 
tution  above  cited. 

Petersburg,  Va.: 

Flour   impressed    in,    referred    to, 

3°4- 

Martial  law  in,  proclaimed,  and  or 
ders  regarding,  221. 

Restrictions   on    transportation    of 

food  to,  referred  to,  517. 
Petersburg,  Va.,  Battle  of. 

A  battle  at  Petersburg,  Dinwiddie 
County,  Ya.,  23  miles  south  of  Rich 
mond.  The  Federals  were  commanded 
by  Gen.  Grant,  and  besieged  Petersburg, 
which  was  defended  by  the  Confederates, 
under  Gen.  Lee.  June  16,  1864,  an  attack 
was  made  by  the  Federals,  Gen.  Smith's 
corps.  The  assaults  were  continued  with 
out  success  for  4 days,  with  a  Federal  loss 
of  about  7,°oo.  July  4,  another  unsuccess 
ful  assault  was  made  by  the  Federals, 
50,000,  commanded  by  Generals  Burnside, 
Warren,  and  Ord,  with  loss  of  over  4,000. 
The  city  was  held  by  the  Confederates 
until  Apr.,  1865,  when  it  was  evacuated  by 
them,  and  on  the^d  was  surrendered. 

Phoenix,  The,  appropriation  to  owners 
of,  recommended,  499. 

Pickens,  Francis    W.,  mentioned,  92, 

94>95- 
Pickett,  J.  T.,  mentioned,  88,  91. 


Pike,    Albert,   treaties    with    Indians 

concluded  by,  149. 
Report  submitted,  151. 
Pillow,  Gideon  J.: 

Relieved  from  command,  197. 
Report  of,  on  fall  of  FortDonelson 

referred  to,  207. 

Resolution  of  thanks  tendered  com 
mand  of,  168. 
Pittsburg  Landing,  Tenn.,  Battle   of. 

(See  Shiloh,  Battle  of.) 
Pleasant  Hill,  La.,  Battle  of. 

A  battle  at  Pleasant  Hill,  La.,  about  20 
miles  to  the  south  of  Sabine  Cross  Roads, 
April  9,  1864.  The  Federals  were  com 
manded  by  Generals  Banks  and  A.  J. 
Smith;  the  Confederates,  by  Generals  K. 
Kirby  Smith  and  Dick  Taylor.  The  Con 
federates  made  the  attack,  which  w:i:> 
continued  until  night.  Gen.  Banks  re 
treated  toward  Red  River,  having  lost 
heavily  in  this  campaign. 

Poague's  Artillery  Battalion,  resolu 
tion  of  thanks  tendered,  432. 

Pocket  Veto,  bill  to  provide  and  organ 
ize  general  staff  for  armies,  457. 

Polk,  Leonidas : 

Report    of,    on    Battle    of    Shiloh, 

Tenn.,  transmitted,  309. 
Resolution  of  thanks  tendered  com 
mand  of,  1 68. 

Pope,  John,  mentioned,  276. 

Popular  Sovereignty. 

Prior  to  the  war,  when  the  slavery  issue 
was  dividing  the  people,  the  question  as 
to  whether  the  Territories  should  be  free 
or  slave  was  prominent,  and  different 
methods  were  suggested  and  discussed 
as  to  how  the  issue  should  be  determined. 
Many  public  men  insisted  that  Congress 
should  make  the  decision,  while  others 
contended  that  it  should  be  kept  out  of 
the  Congress,  and  "left  to  the  people  in 
their  respective  local  governments."  The 
term  "  Popular  Sovereignty  "  was  given 
to  the  latter  doctrine. 

Port  Gibson,  Miss.,  Battle  of. 

A  battle  in  Mississippi,  on  the  river  be 
low  Vicksburg,  May  I,  1863.  The  Fed 
erals,  25,000,  commanded  by  Gen.  Grant, 
were  pursuing  the  Confederates,  12,000, 
commanded  by  Gen.  Pemberton,  who  was 
moving  toward  Vicksburg.  The  Con 
federates  assaulted  were  under  the  imrne- 


62O  Messages  and  Papers  of  the  Confederacy. 


diate  command  of  Gen.  Bowen.    The  at 
tack  was  resisted  successfully  during  the 
day,  but  at  night  the  Confederates  con 
tinued  their  march  to  Vicksburg.    Federa 
loss,  131  killed,  and  about  800  wounded  am 
missing ;  Confederate  loss,  about  the  same 
Referred  to,  386. 
Port  Hudson,  La.,  Surrender  of. 

Port  Hudson  was  a  fortified  point  01 
the  Mississippi  River,  in  La.,  about  20 
miles  above  Baton  Rouge.  It  was  garri 
soned  and  held  by  the  Confederates  under 
Gen.  Gardner  until  July  9,  1863.  It  was 
assailed  by  the  Federals,  12,000,  under 
Gen.  Banks,  and  a  fleet  under  Admiral 
Farragut,  Mch.  8,  1863.  They  were  re 
pulsed  and  the  attack  failed.  May  23, 
same  year,  the  attack  was  renewed  by 
Generals  Banks  and  Auger,  18,500  men, 
and  Farragut's  fleet,  and  again  failed. 
The  Federals  then  made  siege  of  the 
place  until  after  the  surrender  of  Vicks 
burg,  when,  on  July  9,  it  was  surrendered 
with  about  6,000  men  and  50  guns. 
Referred  to,  345. 
Port  Republic,  Va.,  Battle  of. 

A  battle  at  Port  Republic,  Rockingham 
County,  Va.,  about  90  miles  northwest  of 
Richmond,  June  9,  1862.  The  Federals, 
commanded  by  Gen.  Shields,  attacked  the 
Confederates,  commanded  by  Gen.  T.  J. 
Jackson,  and  were  defeated,  with  a  loss  of 
500  men,  with  many  small  arms  and  con 
siderable  ammunition. 

Port  Royal,  S.  C.,  Expedition. 

Port  Royal  is  at  the  mouth  of  Broad 
River,  southern  coast  of  South  Carolina, 
and  was  fortified  and  held  by  the  Confed 
erates,  1,700  South  Carolina  troops,  com 
manded  by  Generals  Drayton  and  Rip- 
ley,  Nov.,  1861.  The  Federals,  10,000, 
commanded  by  Gen.  \V.  T.  Sherman,  as 
sisted  by  a  Federal  fleet,  under  Commo 
dore  Dupont,  made  the  attack.  After  se 
vere  fighting,  the  garrison  retreated,  with 
a  loss  of  40  guns. 

Port  Royal  Ferry,  S.  C.,  engagement 
at,  referred  to,  200. 

Portsmouth,  Va.,  martial  law  in;  pro 
claimed,  219. 

Postage,   rates   of,  recommendations 
regarding,  80. 

Postal  Contractors,  exemption  of — 
Modification  in  law  regarding,  rec 
ommended,  312. 
Referred  to,  383,  531. 


Postal  Service : 

Constitutional    question  of  appro 
priating    money  for,  referred  to 
Congress,  252. 
Discussed,  79,  138, 192,  237,  296,  377, 

378. 

Exemption  law,  modifications  in, 
so  as  not  to  affect  postmasters 
and  postal  contractors,  recom 
mended,  312. 

Frauds  perpetrated  on  revenues  of, 
by  Southern  Express  Co.  referred 
to,  211. 
Mails — 

Carrying     of,     in     certain     sec 
tions    prevented,    referred    to, 
247. 
Detention  of  Southwestern  Mail 

referred  to,  245. 
Transmission    of,  in   Richmond, 

Va.,  referred  to,  452,  453. 
Merging  of  telegraphic  service  in, 

discussed,  307. 

Postmaster  General,  report  of,  trans 
mitted  and  discussed,  79, 138,  192, 
195.  237,  296,  304,  378,  496. 
Postmasters : 

Exemption  law,  modifications  in,  so 
as  not  to  affect,  recommended, 

312- 

Removal  of  certain,  from  office  re 
ferred  to,  318,  553. 
Post  Office  Department : 

Appropriation  for,  recommended, 
99,  128,306. 

Auditor  of  Treasury  for,  recom 
mended,  80. 

Employees  in,  referred  to,  552. 

Frauds  perpetrated  on  revenues  of, 
by  Southern  Express  Co.  referred 
to,  211. 

Legislation  for,  recommended,  80. 

Number  of  men  between  18  and  45 
necessary  in,  531. 

Report  of,  transmitted  and  dis 
cussed,  79,  138,  192,  195,  237,  296, 
304, 378,  496. 


Index. 


621 


Post  Office  Department  (Continued): 
Revenues  of,  discussed,  80,  192,  237, 

252,  296,  378. 

Constitutional  question  of  appro 
priating  money  for,  referred  to 
Congress,  252. 
Third    auditor    for,  recommended, 

379- 

Powder.     (See    also     Ordnance    and 
Ordnance  Supplies.) 

Act  to  encourage  manufacture  of, 
in  Confederate  States  vetoed,  158. 

Appropriation  for  purchase  of,  rec 
ommended,  58. 

Manufacture  of,  discussed,  199. 
Powers,  Foreign  : 

Attitude  of,  in  War  between  the 
States  discussed,  278,  348, 444,  485. 

Belligerency  of  Confederate  States 
recogni/.ed  by,  referred  to,  280. 

Blockade  of  Confederate  ports  by 
United  States,  and  attitude  of,  re 
garding,  discussed,  142,  282,  349. 

Confederate  commissioners  to. 
(See  Commissioners,  Confederate 
States.) 

Correspondence  with,  discussed, 
288. 

Diplomatic  relations  with,  d  i  s- 
cussed,  76,  142,  278,  348,  444,  485. 

Mexican  affairs  discussed,  359. 

Neutral  rights  of,  request  regard 
ing,  283. 

Neutrality  of,  in  War  between  the 

States  discussed,  280,  348,  444. 
Partiality    in    favor    of     United 
States     discussed,     280,     348, 

444- 

Retaliatory     measures    dis 
cussed,  358. 
Recognition    of    independence    of 

Confederate  States  by — 
Attitude     regarding,     discussed, 

279,  348-  444,  485- 
Commissioners    sent  to  request, 

76. 

Intervention  not  desired,  487. 
Request  for,  discussed,  142. 


Powers,  Foreign  (Continued): 
Treaties  with — 

Discussed,  360. 

Disregarded  by,  444. 

Not  binding,  360. 
Prairie  Grove,  Ark.,  Battle  of. 

A  battle  at  Prairie  Grove,  Ark.,  Dec. 
7,  1862.  The  Federals,  commanded  by 
Generals  Blunt  and  Herron,  attacked  the 
Confederates,  under  Gen.  Hindman.  The 
latter  were  defeated  and  retired  at  night, 
with  a.  loss  of  about  1,300;  Federal  loss, 
near  the  same. 

President.    (See  Davis,  Jefferson ;  Lin 
coln,  Abraham.) 

Preston,  William,  death  of  Gen.  Al 
bert  S.  Johnston  reported  by,  209. 
Price,  Sterling: 

Report  of,  on  operations  in  Trans- 
Mississippi  Department  trans 
mitted,  530. 

Resolution  of  thanks  tendered  com 
mand  of,  168,  232. 
Printing,  Public,  referred  to,  192. 
Printing,   Public,   Superintendent    of, 
appropriation  requested  by,  146. 
Prisoners,  Civil,  exchange  or  release 
of,  transported  from  Confederacy- 
referred  to,  316. 
Prisoners  of  War : 

Enlistment   of,   taking    oath   of    al 
legiance    to   Confederate    States, 
501. 
Exchange  of,  arrangements  for,  237, 

492,  501. 

Cartel  of,  transmitted,  241. 
Letter    of    President    Davis     to 
President    Lincoln    regarding, 

343- 
Questions  regarding,  referred  to, 

395- 

Stephens,  A.  II.,  correspondence 
regarding  appointment  of,  as 
commissioner  on  subject  of, 

339- 
Suspension  of,  discussed,  375,445. 

Rations  furnished  to,  376,  502. 

Relief  of,  arrangements  for,  re 
ferred  to,  502. 


622  Messages  and  Papers  of  the  Confederacy. 


Prisoners  of  War  (Continued): 
Treatment  of — 

Discussed,  120,  127,  128,  289,  376, 

493- 

Letter    of    President    Davis    to 
President  Lincoln  regarding, 

US- 
Referred  to,  121. 
Retaliation — 

Measures  of,  proclaimed,  269. 

Discussed,  289. 
Threatened,  115,  120,  141. 
Private  Armed  Vessels: 
Commissions  to,  102. 

Act  authorizing  issuance  of,  104. 
Amendment  to,  113. 
Form  of  bond,  112. 
Applications  for,  invited,  60. 

Referred  to,  75. 
Discussed,  281,  349. 
President's  instructions  to,  in. 
Private   Property  seized  by  Govern 
ment  authorities: 

Belonging    to    alien    enemies    re 
ferred  to,  308. 
Brandy  referred  to,  515. 
Claims  for,  referred  to,  401. 

Appointment  under  act  for  pay 
ment  of,  referred  to,  502. 
Appropriation    to     pay,    recom 
mended,     247,    296,     395,    499, 
5i3. 
Recommendations  regarding 

payment  of,  546. 

Tn  Petersburg  and  Lynchburg  re 
ferred  to,  304. 

Paymentof  assessments  of  damages 
by   officers  without  intervention 
of  courts-martial  or  boards  of  sur 
vey  referred  to,  390. 
Referred  to,  247,  262,  301,  308,  310, 

S"« 

Taxes  due  on,  referred  to,  153. 

Temptation  to  hoard   supplies 

checked  by  impressment,  374. 
Privateering  discussed,  281,  349. 
Prize  Money,  act  directing   mode  of 

payment  of,  vetoed,  216. 


Proclamations.  (See  also  Addresses 
of  President.) 

Admission  of  Missouri  into  Con 
federacy,  166. 

Banishing  alien  enemies,  131. 

Belligerent  expedition,  565^ 

Conscription,  326. 

Declaring  Benjamin  F.  Butler  an 
outlaw,  etc.,  269. 

Extraordinary  sessions  of  Congress 
convened,  60,  133. 

Fasting  and  prayer,  103,  135,  217, 
227,  268,  324,  328,  412,  563,  567. 
Order  regarding,  565. 

Habeas  corpus,  writ  of,  suspended, 

219,     22O,     221,   222,    223,    224,    22£. 

226. 

Inviting  applications  for  letters  of 

marque  and  reprisal,  60. 
Referred  to,  75. 

Measures  of  retaliation  for  crimes 
committed  by  United  States  offi 
cers,  269. 

Organization  of  Arizona  Territory, 
167. 

Pardoning  soldiers  guilty  of  ab 
sence  without  leave  and  deser 
tion,  329. 

Revoking  exequatur  of  British 
consul,  325. 

Savannah  commissioned  private 
armed  vessel,  102. 

Thanksgiving.  (See  Fasting  and; 
Prayer,  hereunder.) 

Treaty  with  Virginia,  102. 
Produce  Loan  Bureau,  returns  of,  dis 
cussed,  490. 

Products.    (See  Field  Products.) 
Property,  Private,  seized  by  Govern 
ment  authorities: 

Belonging  to  alien  enemies  referred 
to,  308. 

Brandy  referred  to,  515. 

Claims  for,  referred  to,  401. 

Appointment  under  act  for  pay 
ment  of,  referred  to,  502. 
Appropriation     to    pay,    recom 
mended,  247,  296,  395,  499,  513.. 


Index. 


Property,  Private,  seized  by  Govern-  j 
merit  authorities  (Continued): 

Claims  for— 

Recommendations  regarding 
payment  of,  546. 

In  Petersburg  and  Lynchburg 
referred  to,  304. 

Pay  merit  of  assessments  of  damages 
by  officers  without  intervention 
of  courts-martial  or  boards  of 
survey  referred  to,  390. 

Referred  to,  247,  262,  301,  308,  310, 

311- 
Taxes  due  on,  referred  to,  153. 

Temptation       to     hoard       supplies 

checked  by  impressment,  374. 
Property,  Sequestered.     (See  Proper 
ty,  Private.) 

Provisional  Army.     (See  Army,  Con 
federate  States.) 
Provisional  Congress.    (See  Congress, 

Confederate  States.) 
Provisional   Constitution.      (See   Con 
stitution,  Confederate  States.) 
Provisions,  restrictions  on  transporta 
tion  of,  referred  to,  401,  517. 
Provost   Marshals,    appointment    and 

pay  of,  referred  to,  242. 
Public    Building,     appropriation    for 
construction    of,    in     Richmond, 
Va.,  recommended,  318. 
Public  Credit  discussed,  192,  293. 
Public    Debt  discussed,   192,  293,  363, 

488. 

Public  Defense: 
Act — • 

Amending  act  to  impose  restric 
tions  on  foreign  commerce  to 
provide  for,  vetoed,  466. 
Increasing  strength  and  efficien 
cy   of   heavy  artillery  for  sea- 
coast  defense  vetoed,  320. 
Preparation  for,  discussed  and   re 
ferred  to,  189,  201,  204,  208. 
Provision  for,  recommended,  34,63, 

128,  196,  203,  544. 
Referred  to,  250. 
Submarine  defenses  discussed,  204. 


Public    Expenditures    discussed,    192, 

488. 

Appropriation  for,  recommended. 
'99,  V3,  31?,  3S7,  402»  4°4>  45'. 
454.  455>  5i7,  539- 

Public  Officers,  compensation  of,  re 
ferred  to,  490. 

Public  Offices,    vacancies    in,    recom 
mendations  regarding,  260. 

Public  Printing  referred  to,  192. 

Public  Printing,  Superintendent  of,  ap 
propriation  requested  by,  146. 

Public  Revenue: 

Collection  of,  on  frontier   referred 

to,  77. 
Discussed.     (See  Finances.) 

Pumpkin  Vine  Creek,  Ga.,  Battle  of. 
(See  New  Hope  Church.) 

Q 

Quartermaster    General     referred    to, 

3S4. 
Quartermasters : 

Act  abolishing  office  of  certain,  etc., 
vetoed,  559. 

List  of,  transmitted,  530. 

Number  of,  on  duty  in   Richmond, 

Va.,  referred  to,  305. 
Quartermaster's  Department: 

Men  liable  to  conscription  removed 
from,  referred  to,  391. 

Officers  of,  failing  to  render  ac 
counts  referred  to,  407. 

R 

Railroad  Facilities : 

Constitutional  questions  arising  out 
of  construction  of  railroads"  dis 
cussed,  140,  i  52. 

Discussed,  and  recommendations- 
regarding,  Si,  139,  151,  236,  249, 

^95.  492>  533,  53r>- 
Railroad  Presidents,  Convention  of: 

Referred  to,  Si. 

Resolutions  adopted  at,  requesting 
aid  from  Government  for  con 
struction  of  lines  transmitted, 
152- 


624  Messages  and  Papers  of  the  Confederacy. 


Ramseur,  Stephen  D.,  resolution  of 
thanks  tendered  command  of,  424. 

Randolph,  George  W.,  Secretary  of 
War,  mentioned,  535. 

Raymond,  Miss.,  Battle  of. 

A  battle  at  Raymond,  Hinds  County, 
Miss.,  12  miles  to  the  southwest  of  Jack 
son,  May  12,  1863.  The  Federals  were 
commanded  by  Gen.  McPherson;  the 
Confederates,  by  Generals  Gregg  and 
Walker.  After  severe  fighting  for  3 
hours,  the  latter  retreated.  Federal  loss, 
70  killed,  and  360  wounded  and  missing ; 
Confederate  loss,  about  700 killed,  wound 
ed,  and  missing. 

Recognition  of  Independence  of  Con 
federate  States : 

Attitude  of  powers  regarding,  dis 
cussed,  279,  348,  444,  485. 
Commissioners  sent  to  request,  76. 
Intervention  not  desired,  487. 
Request  for,  discussed,  142. 
Reconstruction. 

After  the  termination  of  the  war,  the 
question  as  to  how  the  Southern  States 
should  be  restored  to  the  Union  was  an 
important  one.  President  Lincoln  pro 
ceeded  upon  the  idea,  or  theory,  that, 
upon  the  cessation  of  hostilities,  and  the 
laying  down  of  arms  by  the  soldiers  of 
the  South,  nothing  remained  but  for  the 
loyal  friends  of  the  Union  to  assemble  in 
their  respective  States,  reorganize  their 
governments,  and  take  their  former  places 
in  the  Union.  President  Johnson  fol 
lowed  the  same  general  plan  of  dealing 
with  the  Southern  States.  This  policy 
was  opposed  by  a  majority  of  the  Con 
gress  in  both  Houses,  the  contention  being 
made  that  the  Southern  States  could  be 
readmitted  only  on  the  terms  Congress 
might  impose.  The  latter  policy  pre 
vailed,  and  the  term  "  Reconstruction  " 
was  applied  to  the  return  or  restoration 
of  the  seceding  States  to  the  Union. 

Removals  from  Office  referred  to,  318, 

553- 

Representatives : 

Act  providing  for  holding  elections 

for,  in  Tennessee  vetoed,  324. 
Estimates  for  increased  salary  and 

mileage  of,  transmitted,  456. 
Act  relative  to,  recommendations 
regarding,  513. 


Resaca,  Ga.,  Battle  of. 

A  battle  at  Resaca,  Ga.,  on  the  rail 
road  about  15  miles  south  of  Dalton,  May 
14,  1864.  The  Federals  were  commanded 
by  Generals  Sherman  and  McPherson; 
the  Confederates,  who  were  retreating,  by 
Gen.  Johnston.  The  former  attacked,  and 
were  repulsed.  On  the  i5th  there  was 
skirmishing  all  day,  and  at  night  the 
Confederates  continued  their  retreat. 
Federal  loss,  about  4,500;  Confederate 
loss,  about  2,500. 

Resolutions  of  Thanks  tendered — 
Alabama  troops,  423,  428,  431. 
Arkansas  troops,  480. 
Borcke,  Heros  von,  421. 
Commands  of — 

Baker,  Samuel  E.,  428. 

Battle,  Cullen  A.,  423. 

Beauregard,    P.   G.  T.,  114,  133, 

231,  338,  425- 
Brown,  Isaac  N.,  275. 
Buchanan,  Franklin,  230. 
Cheatham,  Benjamin  F\,  168. 
Cleburne,  Patrick  R.,  425. 
Cockrell,  Francis  M.,  480. 
Cooke,  James  W.,  480. 
Dowling,  Richard,  424. 
Drewry,  A.,  275. 
Evans,  Nathan  G.,   169. 
Farrand,  Ebenezer,  275. 
Finegan,  Joseph,  480. 
Forrest,  Nathan  B.,  337,  433,  481. 
Green,  Thomas,  337. 
Hoke,  Robert  F.,  480. 
Jackson,  Thomas  J.,  230. 
Johnson,  Edward,  169. 
Johnston,  Joseph  E.,  133,421. 
Johnston,  Robert  D.,  422. 
Lamar,  Thomas  G.,  424. 
Lee,  Robert  E.,  420. 
Longstreet,  James,  434. 
McCulloch,  Ben,  134. 
Magruder,  J.  Bankhead,  337. 
Morgan,  John  H.,  338. 
Odium,  Frank  H.,  424. 
Pillow,  Gideon  J.,  168. 
Polk,  Leonidas,  168. 
Price,  Sterling,  168,  232. 
Ramseur,  Stephen  D.,  424, 


Index. 


625 


Resolutions  of  Thanks  tendered  (Con 
tinued) — 
Commands  of — 

Rodes,  R.  E.,  424. 

Semmes,  Raphael,  27^. 

Sibley,  Henry  H.,  231. 

Smith,  E.  Kirby,  431. 

Smith,  Francis  \V.,  42^. 

Smith,  Leon,  337. 

Stuart,  J.  E.  B.,  434. 

Taylor,  Richard,  481. 

Van  Dorn,  Earl,  232. 

Watkins,  Oscar  M.,  33*. 

Wheeler,  Joseph,  338. 

Wood,  John  T.,  430. 
Cooke's  Brigade,  430. 
Davis  Guards,  424. 
Defenders  of  Fort  McAllister,  339. 
Douglas's  Battery,  430. 
Florida  troops,  423. 
Georgia  troops,  427,  429. 
1  lart's  Battery,  427. 
Lomax's  Cavalry,  429. 
Louisiana  troops,  422. 
McCltmg's  Battery,  426. 
McGowan's  Brigade,  433. 
Mississippi  troops,  426,  428,  432. 
Missouri  troops,  168,  480. 
North    Carolina    troops,    422,    424, 

4-7.  43°'  432,  479- 
Officers  and  crew  of  the — 

Patrick  Henry,  yameafoivti,    '/'reis 
er,  and  other  vessels,  231. 

Su infer,  275. 
Orr's  Rifles,  433. 
Pee  Dee  Artillery,  433. 
Poague's  Artillery,  432. 
South  Carolina  troops,  114,427,433. 
Surrv  Light  Artillery,  433. 
Tennessee  troops,  421,  427. 
Texas  troops,  337,  430,  480,  481. 
Virginia  troops,  426,  427,  428,  429, 

432- 

Women  of  Confederacy,  230. 
Returning  Boards. 

A  name  given  certain  boards  established 
by  the  Legislatures  of  Florida,  Louisiana, 
and  South  Carolina,  respectively,  to  can 
vass  and  certify  the  \otes  and  returns  of 
40 


election  in  those  States.  These  boards 
were  given  both  judicial  and  ministerial 
functions.  They  were  brought  into  great 
prominence  in  the  Presidential  election 

of  1876. 

Revenue,  Public: 

Collection  of,  on  frontier  referred 

to,  77. 

Discussed.     (See  Finances.) 
Rheatown,  Tenn.,  operations  at,  402. 
Rhett,  R.  Barnwell,  member  of  Presi 
dential  notification  committee,  30. 
Rich  Mountain,  W.  Va.,  Battle  of. 

A  battle  at  Rich  Mountain,  Randolph 
County,  W.  Va.,July  n,  1861.  The  Fed 
erals,  commanded  by  Gen.  Rosecrans,  at 
tacked  and  captured  the  Confederates, 
commanded  by  Col.  Pegram.  Federal 
loss,  in  killed  and  wounded,  50;  Confed 
erate  loss,  about  200  killed  and  wounded. 

Richmond,  Ky.,  Battle  of. 

A  battle  at  Richmond,  Ky.,  Aug.  29, 
30,  1862.  The  Federals,  16,000,  were  com 
manded  by  Gen.  Manson;  the  Confeder 
ates,  about  the  same  number,  by  Gen. 
Kirby  Smith.  Federals  were  routed, 
witli  loss  of  about  5,000;  Confederate  loss, 
considerably  less. 

Referred  to,  in  proclamation,  268. 
Richmond,  Va.: 

Appropriation  for  post  oilice  build 
ing  in,  recommended,  318. 

Army  of  United  States  threatening, 

defeated,  233,  241. 
Referred     to,     in     proclamation, 
268. 

Civilians  in  custody  in,  referred  to, 
3°4- 

Defense  of,  discussed,  201. 

Hospitals  in  and  near,  referred  to, 
407. 

Mails  in,  transmission  of,  referred 
to,  452,  453. 

Martial  law  in,  proclaimed,  and  or 
ders  regarding,  220. 

Officers- 
Employed  in,  referred  to,  514,  552. 
Sick  and  wounded  in,  referred  to, 
510-- 

Prohibition  of  transportation  of 
food  from  miltary  districts  to, 
referred  to,  401. 


626  Messages  and  Papers  of  the  Confederacy. 


Richmond,  Va.  (Continued): 

Quartermasters  in,   number  of,  on 

duty  referred  to,  305. 
Restrictions   on    transportation    of 

food  to,  referred  to,  517. 
Seat  of  Government  removed  to, 

117. 
Resolution  providing  for,  vetoed, 

100. 

Soldiers  arrested  or  confined  in,  re 
ferred  to,  315. 

Threatened  capture  of,  544. 
Richmond  and  Danville  Railroad,  con 
nection    with    North    Carolina 
Railroad  referred  to,  212,  242. 
Rio  Grande  River,  revocation  of  re 
strictions  upon  commerce  across, 
referred  to,  317. 

Ripley,  Roswell  S.,  report  of,  on  op 
erations  of,  transmitted,  386. 
River  Defense  Service: 

Appropriation    for,  recommended, 

196,  203. 

Appropriation    to    liquidate  claims 
for,  recommended,  314. 

Rives,  Alfred  L.,  report  of,  on  condi 
tion  of  defenses  discussed,  201. 

Roanoke  Island,  N.  C.,  Surrender  of. 

Rounoke  Island  is  on  the  eastern  coast 
of  North  Carolina,  between  Albemarle 
and  Pamlico  Sounds.  It  was  defended  by 
3  earthworks,  Pork  Point,  Weir's  Point, 
and  Fort  Blanchard,  all  commanded  by 
Gen.  Wise,  with  2,500  men.  It  was  at 
tacked  by  the  Federals,  with  land  forces, 
12,000,  under  Gen.  Burnside,  and  a  fleet 
of  31  gunboats,  commanded  by  Flag  Of 
ficer  Goldsboro,  Feb.  7,  1862.  The  Island 
was  the  key  to  the  rear  defenses  of  Nor 
folk.  The  earthworks  were  destroyed 
and  the  garrison  captured.  Federal  loss, 
about  250. 

Referred  to,  189,  207. 
Rodes,  R.  E.,  resolution  of  thanks  ten 
dered  command  of,  424. 
Roman,  A.  B.,  peace  commissioner  to 
United  States: 

Conduct  of  Federal  Government  in 
negotiations  discussed,  70. 


Roman,  A.  B.,  peace  commissioner  to 

United  States  (Continued): 
Correspondence  between  Secretary 
Seward,  Judge  Campbell,  and 
commissioners,  84. 
Transmitted,  82. 
Nomination    and   appointment    of, 

55.  56. 

Rome,  Ga.,  proposed  railroad  to  Blue 
Mountain,  Ala.,  from,  249. 

Rosecrans,  William  S.,  advance  of 
army  under,  into  Georgia  dis 
cussed,  346. 

Rost,  Pierre  A.,  commissioner  to  Eu 
rope,  nomination  of,  57. 

Ruggles,  Daniel,  report  of,  on  battle 
of  Shiloh,Tenn.,  transmitted,  245. 

Russell,  Sir  John,  mentioned,  351,353, 

355- 
Russia: 

Confederate  commissioner  to,  76. 
Confederate  minister   to,  commis 
sion  of,  explanation  regarding, 

311- 
Reasons  for  sending,  transmitted, 

3i5. 
Correspondence     with,    discussed, 

288. 


Sabine  Cross  Roads,  La.,  Battle  of. 

A  battle  in  Mansfield,  De  Soto  Parish, 
La.,  Apr.  8,  1864.  The  Federals,  8,000, 
were  commanded  by  Gen.  Banks;  the 
Confederates,  by  Gen.  Dick  Taylor.  The 
Confederates  attacked  and  badly  defeated 
the  Federals,  pursuing1  them  3  miles  in 
their  retreat.  Federal  loss,  3,000  in  killed, 
wounded,  and  missing;  Confederate  loss, 
2,000. 

Sailors  Creek,  Va.,  Battle  of. 

A  battle  at  Sailors  Creek,  Va.,  Apr.  6, 
1865,  by  Federals,  under  Gen.  Custer,  and 
a  portion  of  Gen.  Lee's  army,  as  it  re 
treated  from  Richmond.  The  Confeder 
ates,  under  Gen.  Ewell,  were  surrounded 
and  surrendered,  with  loss  of  about  7,000 
prisoners,  many  wagons  and  guns. 

St.  Charles,  Ark.,  engagement  at,  re 
ferred  to,  238. 

Salisbury,  N.  C.,  civilian  prisoners  in 
custody  at,  referred  to,  3°8. 


Index. 


627 


Santa  Rosa  Island,  Fla.,  Battle  of. 

A  battle  on  Santa  Rosa  Island,  in  the 
harbor  at  Pensacola,  Fla.,  Oct.  9,  1861. 
The  Confederates  attacked  the  Federals, 
Wilson's  Zouaves,  and  captured  Maj. 
Vogdes  and  the  garrison,  with  small  loss; 
Federal  loss,  about  Co  \\\  killed  and 
wounded. 

Savage  Station,  Va.,  Battle  of. 

One  of  the  Seven  Days'  Battles,  in 
front  of  Richmond,  Va.,  June  29,  1862. 
The  Federals  were  commanded  by  Gen. 
Sunnier,  and  were  attacked  by  Confeder 
ates,  under  Gen.  Magruder.  The  Feder 
als  retreated,  with  loss  of  2,5'o  sick  and 
wounded  prisoners. 

Savannah,    Ga.,    non-destruction    of 
cotton  in,   before  evacuation  of, 
referred  to,  533. 
Savannah,   Ga.,  Fall  of.     (See    Fort 

McAllister,  Battle  of.) 
Savannah,  The: 

Commissioned  private   armed   ves 
sel,  IO2. 
Treatment  of  prisoners  of  war  of, 

discussed,  120. 

Letter  of  President  Davis  to  Pres 
ident  Lincoln  regarding',  lit;. 
Referred  to,  121. 

Sea  Coast  Defenses,  act  increasing 
strength  of  heavy  artillery  for, 
vetoed,  320. 

Seat  of  Government,  removal  of,  from 
Montgomery,  Ala.,  to  Richmond, 
Va.,  117. 
Resolution    providing    for,    vetoed, 

100. 
Secession. 

The  act  of  withdrawal  from  the  Union 
by  the  Southern  States  after  the  election 
of  President  Lincoln,  in  1860,  was  called 
"Secession."  The  States  which  seceded 
contended  that  they  had  a  right  to  do  so 
under  the  Constitution,  and  attempted  to 
withdraw  from  the  Union.  To  this  end, 
the  people  of  these  States  passed  ordi 
nances  of  secession,  or  separation,  as  fol 
lows:  South  Carolina,  Dec.  20,  1860;  Mis 
sissippi,  Jan.  9,  1861 ;  Florida,  Jan.  10;  Ala 
bama,  Jan.  ii ;  Georgia.  Jan.  19;  Louisi 
ana,  Jan.  26;  Texas,  Feb.  i;  Virginia, 
Apr.  17;  Arkansas,  May  6\  North  Caro 
lina,  May  20;  and  Tennessee,  June  8. 
The  United  States  did  not  recognize  the 


action  taken  by  these  States  in  seceding 
from  the  Union  as  valid  or  legal,  and  the 
war  followed.  As  early  in  the  history  of 
the  United  States  as  1811-14,  some  of  the 
New  England  States  made  threats  of  se 
cession  from  the  Union,  but  did  not  put 
these  threats  into  execution. 
Rights  of  States  regarding,  dis 
cussed  and  referred  to,  32,  63,  117, 
184,  278. 
Secretaries.  (See  also  the  several 

Secretaries.) 

Reports  of,  transmitted,  156. 
Seizures.     (See  Private  Propertv.) 
Selma,  Ala.,  railroad  from  Meridian, 

Miss.,  to — 
Recommended,    152. 
Referred  to,  212. 
Seminole   Indians,    treaty    with,   and 

other  relations  discussed,  149. 
Semmes,      Raphael,     resolution      of 
thanks     tendered     command    of, 
275- 
Senate,  Confederate  States: 

Advice  of,  regarding  necessity  of 
renominating  certain  officers  re 
quested,  246. 

Constitutional  powers  of  Executive 
and,  regarding  nominations  di^- 
cussed,  388. 

Employees     of,    estimate     for     in- 
cYeased  compensation  of,  trans 
mitted,  456. 
Act  relative  to,  recommendations 

regarding,  513. 

Members  of,  estimate  for  increased 
salary    and    mileage  of,  trans 
mitted,  456. 
Act  relative  to,  recommendations 

regarding,  513. 
Transcript  of  journal  of,  requested, 

570- 

Senators,  estimate  for  increased  sala 
ry    and   mileage  of,  transmitted, 
456. 
Act   relative  to,  recommendations 

regarding,  513. 

Sequestered   Property.     (See  Private 
Property.) 


628 


Messages  and  Papers  of  the  Confederacy. 


Sequestration  Act,  amount  of  funds 
paid  into  Treasury  under  opera 
tion  of,  referred  to,  308. 

Seven  Days'  Battles,  Va. 

A  series  of  battles  between  June  26 
and  July  i,  1862,  in  the  Peninsula  cam 
paign,  in  the  swamps  east  of  Richmond, 
"Va.  The  Federals,  115,000,  were  com 
manded  by  Gen.  McClellan;  the  Confed 
erates,  80,000,  by  Gen.  Lee.  These  bat 
tles  are  mentioned  separately  under  the 
headings,  Mechanicsville,  Gaines's  Mill, 
Savage  Station,  Frayser's  Farm,  Malvern 
Hill,  etc.  Federal  losses  during  the  7 
days,  about- 15,000;  Confederate  losses, 
not  so  great. 

Seven  Pines,  and  Fair  Oaks,  Va.,  Bat 
tle  of. 

A  battle  about  7  miles  east  of  Rich 
mond,  Va.,  May  31  and  June  i,  1862.  The 
Federals  were  commanded  by  Gen.  Mc 
Clellan;  the  Confederates,  by  Gen.  Jos.  E. 
Johnston,  who  was  wounded  the  second 
day.  The  Confederates  made  the  attack 
on  both  days,  and  were  repulsed.  Feder 
al  loss,  5,700;  Confederate  loss,  4,200. 

Seward,   William    H.,    Secretary    of 

State,  United  States: 
Conduct   of,  in  peace  negotiations 

discussed,  70. 

Correspondence    between   Judge 
Campbell,    Confederate    com 
missioner,  and,  84. 
Transmitted,  82. 

Correspondence  in  peace  negotia 
tions,  521. 
Mentioned,  351. 
Seymour,  L.  B.,  punishment  inflicted 

on,  referred  to,  300. 
Sharpsburg,  Md.,  Battle  of.    (See  An - 

tietam,  Battle  of.) 
Shenandoah,  The. 

A  cruiser  of  the  Confederate  States 
which  sailed  from  London  Oct.  8,  1864, 
under  the  name  of  the  Sea  King,  com 
manded  by  Waddell.  At  Madeira,  her 
name  was  changed  to  the  Shenandoah. 
She  did  considerable  damage  to  the  United 
States  vessels,  a  claim  for  which  com 
prised  a  part  of  the  Alabama  claims.  At 
the  close  of  the  war  she  was  surrendered 
to  Great  Britain,  and  later  to  the  United 
States. 

Sherman,  William  T.,  operations  of 
army  under,  484. 


Shiloh,  or  Pittsburg  Landing,  Tenn., 
Battle  of. 

A  battle  on  the  Tennessee  River,  near 
Pittsburg  Landing,  llardin  County, 
Tenn.,  Apr.  6,  7,  1862.  The  Federals, 
40,000,  were  commanded  by  Gen.  Grant 
the  first  day;  the  Confederates,  by  Gen. 
Albert  S.  Johnston.  The  Confederates 
made  the  attack,  and  in  the  afternoon  Gen. 
Johnston  was  killed,  and  Gen.  Beaure- 
gard  assumed  command.  Gen.  Buell 
united  his  forces  with  those  of  Gen.  Grant 
for  the  second  day's  fighting,  and  at  its 
close  the  Confederates  retired  from  the 
field.  The  advantage  was  clearly  with 
the  Confederates  in  the  first  day's  battle. 
Federal  loss,  killed,  wounded,  and  miss 
ing)  'SjS00;  Confederate  loss,  10.600. 
Discussed,  208. 
General  Albert  S.  Johnston  killed 

at,  209. 
Reports  of,  transmitted,  245,  309. 

Ships.     (See  Vessels.) 

Shorter,  John  G.,  member  of  Vice 
Presidential  notification  commit 
tee,  30. 

Sibley,  Henry  H.,  resolution  of  thanks 
tendered  command  of,  231. 

Sigel,  Franz,  mentioned,  214. 

Slave  Representation. 

The  representation  in  the  United  States 
Congress  accorded  to  the  slave  States,  by 
reason  of  persons  held  in  slavery  therein. 
The  Southern  people  contended  that  the 
slaves  should  be  counted  or  reckoned  in 
making  up  the  representation  from  the 
slave  States,  the  same  as  white  persons. 
This  was  denied  by  many  Northern  per 
sons.  It  was  finally  settled  by  determin 
ing  that  a  State's  representation  should 
be  ascertained  and  fixed  "  by  adding  to 
the  whole  number  of  free  persons,  includ 
ing  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed, 
three-fifths  of  all  other  persons  " — that  is 
to  say,  the  slaves. 

Slave  Trade.    (See  also  African  Slave 

Trade.) 

Act  in  relation  to,  vetoed,  59.     -^ 
Slavery. 

Slavery  in  the  colonies  of  America  be 
gan  in  1619,  by  the  importation  of  a  car 
go  of  slaves  by  a  Dutch  ship  into  Virgin 
ia,  and  it  spread  into  all,  or  nearly  all,  of 
the  colonies.  Societies  were  formed  in 


Jndcx* 


629 


some  of  the  colonies  before  the  Revolu 
tion,  and  afterwards  in  several  of  the 
States,  for  the  amelioration  of  the  condi 
tion  of  slaves.  This  was  followed  by  the 
Northern  States  abolishing  slavery  out 
right,  or  providing  for  gradual  emancipa 
tion.  Pennsylvania  and  Massachusetts 
made  provision  for  gradual  emancipation 
in  1780;  New  Hampshire,  Rhode  Island, 
and  Connecticut,  in  i7S4;Vermont.  in  1799; 
and  New  York  and  New  Jersey,  in  1804. 
Sentiment  highly  unfavorable  to  slav 
ery  developed  generally  in  the  Northern 
States,  and  the  question  provoked  great 
bitterness  between  the  Northern  and 
Southern  sections  of  the  country.  Crimi 
nations  and  recriminations  were  indulged 
between  the  advocates  and  opponents  of 
slavery,  until  this  question  overshadowed 
all  others  in  politics.  Finallv,  in  iSCo, 
Mr.  Lincoln  was  chosen  President  mainly 
on  this  issue,  and  the  Southern  States, 
believing1  that  the  institution  of  slavery 
was  in  danger,  seceded  and  set  up  a  gov 
ernment  of  their  own.  War  resulted, 
which  ended  in  the  final  destruction  of 
slavery  in  all  the  States. 

Declaration  of   President    Lincoln 

on,  291. 

Rights    of     States    regarding,    dis 
cussed,  66. 
Slaves: 

Act  in  relation  to  arrest  and  dispo 
sition  of,  recaptured  from  enemv 
referred  to,  400. 
•—Captured  by  United  States,  dispo>i- 

tion  of,  referred  to,  248. 
Employment  of,  in  Army  discussed, 
and  recommendations   regard 
ing,  37°,  493- 
Arming  slaves  as  soldiers  — 

Opposed,  495. 

Referred  to,  547. 
Forced  into  Army  of  United  States 

discussed,  380. 
Freedom  of,  proclaimed,  effect  of, 


Government  liability  for  impress 
ment  of,  escaping  to  enemy  re 
ferred  to,  316. 

Impressment  of,  referred  to,  501,  514. 
Appropriation  to  pay  claims  for 
loss  by,  recommended,  395. 


Slaves  (Continued): 

Incited  to  insurrection  by  United 
States  authorities,  233,  290,  495. 

Notice  to  officers  regarding  act  to 
protect  owners  of,  employed  in 
Army  referred  to,  313. 

Number  of,  in  Southern  States,  68. 

Treatment  of  negroes  by  the  North 

discussed,  380.  i*<, 

Slidell,  John,  Minister  to  France  r 

Commission  of,  explanation  regard 
ing,  31 1. 

Commissioner  to  France,  nomina 
tion  of,  128, 

Seizure    of,    on     British     ship     by 
United     States     authorities     dis 
cussed,  141.     (See  also  Trent  Af 
fair.) 
I  Smith,  E.  Kirby: 

Communications  to,  regarding  ad 
ministration  of  Trans-Mississippi 
Department  transmitted,  517. 

( )rders  to,  regarding  martial  law  in 
Department  of  East  Tennessee, 

—  5- 

-Report  of,  on  operations  in  Trans- 
Mississippi  Department  trans 
mitted,  530. 

Resolution  of  thanks  tendered  com 
mand  of,  431. 

Smith,  Francis  W.,  resolution  of 
thanks  tendered  command  of, 
426. 

\  Smith,  Gustavus  W.,  report  of,  on  op 
erations  in  North  Carolina  trans 
mitted,  298. 

Smith,  Leon,  resolution  of  thanks  ten 
dered  command  of,  337. 
South  Carolina: 

Act    of     Legislature    of,     offering 
guaranty  of  bonds  of  Confeder 
ate  States  transmitted,  309. 
Conscript    law  in,  enforcement  of, 

referred  to,  387. 
Exempts  in,  referred  to,  383. 
Funds  raised  by  ladies  of,  for  con 
struction  of  gunboat,  referred  to. 
451. 


630  Messages  and  Papers  of  the  Confederacy. 


South  Carolina  (Continued): 

Martial  law  in,  proclaimed,  and  or 
ders  regarding,  226. 
Troops  of — 

Hanged  by  United  States  forces 

referred  to,  127,  128. 
Holcomb  Legion  referred  to,  456. 
Organization   and  disbanding  of 
Co.  K,  27th  Regiment,  referred 
to,  456. 

Resolutions  of  thanks  tendered, 
114,427,433. 

South  Mills,  N.  C.,  affair  at,  referred 

to,  245. 
South  Mountain,  or  Boonsboro,  Md., 

Battle  of. 

A  battle  at  South  Mountain,  near 
Boonsboro,  Md.,  Sept.  14,  1862.  The 
Federals  were  commanded  by  Gener 
als  Hooker  and  Burnside;  the  Confed 
erates,  by  Gen.  D.  H.  Hill,  and  late  in  the 
day  were  reenforced  by  Gen..Longstreet. 
The  fight  continued  throughout  the  day, 
and  at  night  the  Confederates  retired. 
Federal  loss,  325  killed,  1,500  wounded 
and  missing;  Confederate  loss,  115  killed, 
400  wounded  and  missing. 

Southern  Express  Company,  frauds 
perpetrated  by,  on  revenues  of 
Post  Office  Department  referred 
to,  211. 

Southern  States.  (See  Confederate 
States.) 

Southwestern  Mail,  detention  of  the, 
referred  to,  245. 

Special  Session  Messages,  63,  134. 

Special  Sessions  of  Congress,  procla 
mations  convening,  60,  133. 

Spottsylvania  Court  House,  Va.,  Bat 
tle  of. 

A  battle  or  series  of  battles  near  Spott 
sylvania  Court  House,  Va.,  50  miles  to 
the  northwest  of  Richmond,  May  8-21, 
1864.  The  Federals,  135,000,  were  com 
manded  by  Gen.  Grant ;  the  Confederates, 
100,000,  by  Gen.  L,ee.  On  May  S,  the 
main  fighting  was  done  by  Gen.  Sheri 
dan's  cavalry  and  that  of  Gen.  J.  E.  B. 
Stuart,  who  was  killed.  On  the  9th  and 
loth,  assaults  were  made  by  Federals 
under  Gen.  Hancock  on  the  Confederate 
lines,  without  success.  On  the  i2th,  Gen. 
Hancock  was  successful  in  seizing  an  5m- 


portant  position  which  had  been  held  by 
the  Confederates,  under  Gen.  Edward 
Johnson,  and  with  it  captured  4,000  men. 
The  Confederates,  under  Lee,  made  fre 
quent  assaults  on  this  point,  in  the  effort 
to  dislodge  the  Federals,  without  success. 
On  2oth  and  2 ist,  Gen.  Grant  ceased  fight 
ing  and  moved  southward  toward  the 
North  Anna  River.  Federal  losses,  from 
May  Sth  to  2ist,  about  2,800  killed,  13,416 
wounded,  and  2,258  missing;  Confederate 
losses,  not  officially  given,  but  not  quite 
so  heavy. 

Springfield,   Mo.,    battle  of,  referred 

to,  137- 
Stanton,   Edwin  M.,  correspondence 

in  peace  negotiations,  521. 
State  Department: 

Appropriation    for,  recommended, 

251. 

Report    of,    transmitted    and    dis 
cussed,  76,  195,  206,  247. 
State  of  the  Confederacy  discussed,  32, 
63,  117,  136,  184,  189,  232,  276,  296, 
345,  443,  482,  544. 
State,  Secretary  of: 

Correspondence     of,     transmitted, 

382,  385. 

Report    of,    transmitted    and     dis 
cussed,  76,  195,  206,  247. 
States.     (See  Confederate    States; 

United  States.) 
Staunton  River  Bridge,  engagement 

at,  499. 

Stephens,  Alexander  H.,  Vice  Presi 
dent  Confederate  States: 
Biographical  sketch  of,  173. 
Election   of,  as  Vice  President  of 

Provisional  Government,  29. 
Notification  of,  30. 
Military    commissioner   to    United 
States,  correspondence  regarding 
appointment  of,  339. 
Peace     commissioner     to     United 

States,  report  of,  520. 
Portrait  of,  172. 
Treaty  with  Virginia  concluded  by, 

82. 

Commission  for  negotiating,  62. 
Discussed,  77. 
Proclaimed,  102. 


Index. 


Stone's  River,  or  Murfreesboro,  Term., 
Battle  of. 

A  battle  on  Stone's  River,  near  Mur 
freesboro,  Tenn.,  about  30  miles  to  the 
southeast  of  Nashville,  Dec.  31,  1862,  and 
Jan.  2,  1863.  The  Federals,  about  47,000, 
were  commanded  by  Gen.  Rosecrans;  the 
Confederates,  about  30,000,  by  Gen. 
I>ragg.  The  heaviest  fighting-  occurred  on 
the  Confederate  left,  Wednesday,  Dec.  31, 
in  which  the  Federal  lines-were  driven 
back  for  more  than  a  mile.  Friday  after 
noon,  the  fighting-  was  on  the  Confederate 
right,  commanded  by  Gen.  Hreekinridge. 
After  the  Ivittle,  the  Confederates  retired 
to  Murfreesboro  Jan.  3d,  a:.d  on  the  4th 
evacuated  the  town  and  retired  to  the 
southward  about  25  miles  to  Duck  River. 
Federal  loss,  i ,733  killed,  7,2 45  wounded, 
and  about  3,500  prisoners:  Confederate 
loss,  about  9,000  killed,  wounded,  and 
missing.  This  battle  is  called  by  the 
Confederates  the  battle  of  Murfreesboro. 
The  Federals  call  it  the  battle  of  Stone 
River,  although  the  name  of  the  river  on 
which  it  was  fought  is  Stone's  River. 

Referred  to,  317. 
Stuart,  J.  E.  B.,  resolution  of  thanks 

tendered  command  of,  434. 
Submarine  Defenses  discussed,  204. 
Submarine      Telegraph      Cable     at 
Charleston,    S.   C.,  appropriation 
for,  recommended,  3T9- 
Sumter,  The: 
Mentioned,  79. 

Resolution  of  thanks  tendered  offi 
cers  and  crew  of,  275. 
Superintendent  of  Public  Printing,  ap 
propriation  requested  by,  146. 

Supreme  Court,  organization  of,  rec 
ommended,  192. 

Surgeon  General: 


Appropriation    for,   recommended,  j  Telegraph  Lines: 


T 

Taliaferro,  William  B.,  report  of,  on 
action  at  Carrick's  Ford,  W.  Va., 
transmitted,  198. 
Tariff  discussed,  361. 
Tax,  War: 

Appropriation  recommended  to  re 
fund  excess  of,  paid  by — 
Louisiana,  253. 
North  Carolina,  239. 
Propriety  of  providing  for  payme  nt 

of  loans  by,  discussed,  259. 
Taxation: 

Constitutional  questions  regarding, 

discussed,  363. 

Discussed,    and    recommendations 
regarding,  139,  259,  293,  361,  489, 
490,  547. 
Income    tax   referred  to,  364,    490, 

547- 
Tax  in  kind — 

Collection  and  distribution  of,  re 
ferred  to,  391. 

Delivery  of,  at  Government  de 
pots  by  producers   referred   to, 

403- 
Referred  to,  364,  499. 

Taxes: 

Assessment  and  collection  of,  re 
ferred  to,  403,  500. 

Due    on    sequestered   property   re 
ferred  to,  153. 
Taylor,  Richard: 

Report  of,  on  operations  in  Trans- 
Mississippi  Department  trans 
mitted,  530. 

Resolution  of  thanks  tendered  com 
mand  of,  481. 

Teaser,  The,  resolution  of  thanks  ten 
dered  officers  and  crew  of,  231. 


3*5- 
Report  of,  transmitted,  301. 

Surgeons,  Assistant,  in  Army,  act  for 
appointment  of  additional,  ve 
toed,  130. 

Surry  Light  Artillery,  resolution  of 
thanks  tendered,  433. 


Government,  control  of,  discussed, 

307. 

Shares  held  in,  by  alien  enemies  re 
ferred  to,  308,  309. 
Telegraphic  Service: 

Appropriation    for,    recommended, 
298. 


632  Messages  and  Papers  of  the  Confederacy. 


Telegraphic  Service  (Continued): 
Merging  of,  in  postal  service    dis 
cussed,  307. 
Tennessee: 

Act  providing  for  holding  Con 
gressional  elections  in,  vetoed, 

324- 

Admission  of,  into  Confederacy  re 
ferred  to,  117. 

Appropriation  to  pay  interest  on 
money  borrowed  from  banks  in, 
recommended,  154,  255- 

Confederate  Constitution,  adoption 
of,  by,  anticipated,  117. 

Conspiracy  in,  discussed,  and  rec 
ommendations  regarding,  498. 

Convention  with  Confederate 
States,  99. 

Joint  resolution  of,  transmitted,  153. 

Martial  law  in  Department  of  East, 
proclaimed,  and  orders  regard 
ing,  224. 

Military  operations  in,  448,  483. 

Troops  of,  resolutions  of  thanks  ten 
dered,  421,  427. 

Tennessee  River,  operations  on,  245. 
Texas: 

Act  authorizing  acceptance  of  vol 
unteer  regiment  from,  in  service 
of  Confederate  States  vetoed, 
1 60. 

Cotton  Bureau  in,  referred  to,  530. 

Courts  in,  discussed,  78. 

Military  operations  in,  482. 

Railroad  in,  construction  of,  re 
ferred  to,  256. 

Troops  of,  resolutions  of  thanks  ten 
dered,  337,  430,  480,  481. 

United    States  armies  defeated  on 

coast  of,  345. 
Texas  Rangers,  resolution  of  thanks 

tendered,  337. 
Thanks  of  Congress.    (See  Resolutions 

of  Thanks.) 
Thanksgiving     Proclamations.      (See 

Fasting  and  Prayer.) 
Thomas,  Richard,  case  of,  referred  to, 
303- 


Tishomingo  Creek,  Miss.,  battle  of,  re 
ferred  to,  499. 
Tobacco: 

Rations  of,  for  Army  referred  to, 

455- 

Vessels  in  Chesapeake  Bay  for  ex 
porting,  referred  to,  195. 

Toombs,  Robert,  member  of  Presiden 
tial  notification  committee,  30. 

Topeka  Constitution.  (See  also  Le- 
compton  Constitution;  Wyan- 
dotte  Constitution.) 

A  constitution  adopted  by  a  convention 
representing  the  antislavery  population 
of  Kansas  which  met  at  Topeka  in  Octo 
her,  1855.  This  convention  adopted  the 
boundaries  as  fixed  by  the  Kansas-Ne 
braska  bill,  prohibited  slavery  in  the  Ter 
ritory  after  July,  1857,  and  prescribed 
qualifications  of  suffrage  in  the  Territory. 
The  convention  was  dispersed  by  Feder 
al  troops.  The  Territory  was  not  admit 
ted  into  the  Union  under  that  constitution. 

Torpedoes  discussed,  204. 
Trans-Mississippi,  Army  of,    money 

expended  in  payment  of,  referred 

to,  504. 
Trans-Mississippi  Department: 

Act  fixing  salaries  in,  referred  to, 

536. 
Appropriation    for,  recommended, 

5*5- 
Contracts  for  supplies  to  he  paid  for 

in  cotton  in,  referred  to,  505. 
Discussed,  377. 
Estimates    of    appropriations    for, 

transmitted,  515. 
General  administration  of,  referred 

to,  447.  5 '7- 

Means  of  communicating  with,  re 
ferred  to,  516,  518. 

Military  operations  in,  388,  530. 

Money    forwarded  to,  referred  to, 
401. 

Postal  service  for,  recommenda 
tions  regarding,  377,  379. 
Transportation  Facilities  discussed, 
and  recommendations  regarding, 
81,  139,  151,  236,  249,  295,  492,  533, 
536. 


Index. 


Treasury,    requisitions    of    heads    of 
Bureaus  on,  referred  to,  244. 

Drawn  by  Quartermaster  General 
and     Commissary     General     re 
ferred  to,  515. 
Treasury  Department: 

Appropriation  for,  recommended, 
207,  257. 

Cotton  accumulated  by,  referred 
to,  390. 

Report     of,    transmitted    and    dis 
cussed,  77,  192,  235,  238,  293,  368, 
446,  488. 
Treasury  Notes: 

Act  amending  act  to  reduce  cur 
rency  and  authori/.e  new  issue  of 
bonds  and,  vetoed,  470. 

Amount  in  circulation,  365. 

Conversion  of  interest-bearing,  into 
coupon  bonds  recommended,  490. 

Depreciation  in,  discussed,  and  rec 
ommendations  regarding,  489. 

Discussed,  and  recommendations 
regarding,  139,  235,  361,446,  488, 

545- 
Forgery    of,    referred   to,   233,   235, 

471. 

Appropriation  for  detecting  per 
sons  engaged  in,  recommend 
ed,  239. 
Funding  of  outstanding,  discussed, 

•>93.  367,  488- 
Provision  for  issue  of,  361,446. 

Treasury,  Secretary  of: 

Appropriations    recommended  by. 

(See  Appropriations.) 
Communication     of,     transmitted, 

298. 

Report  of,  transmitted  and  dis 
cussed,  77,  192,  235,  238,  293,  368, 

446,  488. 

Treaties,  Confederate  States,  with— 
Foreign  powers — 

Discussed,  360. 

Disregarded  by,  444. 

Not  binding,  360. 
Indians — 

Discussed,  149,  295. 


Treaties,    Confederate    States,     with 

(Continued)  — 
Indians  — 

Faithful  observance  of,  by,  238. 
Report    regarding,    transmitted, 

198. 

Missouri,  144. 
Tennessee,  99. 
Virginia,  82. 

Commission  for  negotiating,  62. 

Referred  to,  77. 
Discussed,  77. 
Proclaimed,  102. 
Trent   Affair. 

The  Trent  was  a.  British  merchant 
ship,  on  which  James  M.  Mason  and  John 
Slidell,  commissioners  of  the  Confederate 
States,  took  passage  at  Havana,  Cuba,  for 
England,  in  the  autumn  of  lS6i.  They 
had  successfully  run  the  blockade  of  the 
Confederate  pi.rt,  and  landed  in  Cubit. 
On  Xov.  S,  the  Treat  was  stopped  in  tin- 
old  Bahama  channel,  while  en  route  to 
England,  by  the  United  States  ship,  San 
Jacinto,  commanded  by  Capt.  Wilkes, 
and  the  commissioners,  Mason  and  Slidell, 
were  seized  and  carried  as  prisoners  to 
Boston.  This  act  was  a  breach  of  inter 
national  law,  and  in  violation  of  the  rights 
of  neutrals.  The  British  Government 
promptly  demanded  the  release  of  Mason 
and  Slidell,  and  an  apology  by  the  United 
States.  The  demand  was  complied  with, 
the  act  of  Captain  Wilkes  disavowed, 
the  commissioners  restored  to  a  British 
ship,  and  landed  safely  in  England. 

Discussed,  141. 
Troops.      (See     Army,    Confederate 

States;  Army,  United  States.) 
Tucker,  John  R.,  mentioned,  197. 
Turchin,  John  B.,  atrocious  conduct 

of,  referred  to,  379. 


Uncle  Sam. 

A  title  given  to  the  United  States, 
sometimes  represented  by  a  person  in  na 
tional  colors.  An  explanation  of  the  ori 
gin  of  this  title  as  applied  to  the  Govern 
ment  is  that  the  letters  "  U.  S.,"  which 
appeared  on  large  quantities  of  Govern 
ment  or  army  supplies  during  the  war  of 
1812,  were  humorously  declared  to  be  the 
initials  of  one  Samuel  Wilson,  an  inspect 
or  of  these  supplies  at  Troy,  N.  Y.,  who 


634  Messages  and  Papers  of  the  Confederacy. 


was  familiarly  called  "  Uncle  Sam."  The 
letters  "  U.  S."  came  to  be  used  J>y  bin 
as  a  shipping-  mark. 

United  Confederate  Veterans. 

A  federation  of  all  the  associations  o 
Confederate  veterans,  soldiers  and  sail 
ors.  The  federation  has  a  written  con 
stitution  which  fully  sets  forth  its  objects 
and  purposes.  It  endeavors  to  promot 
the  cultivation  of  ties  of  friendship  be 
tween  ex-Confederates,  and  to  aid  anc 
assist  their  widows  ar.d  orphans,  and  alsi 
to  assist  in  the  collection  of  data  in  re 
spect  to  the  war,  and  the  preservation  oJ 
the  records  of  the  Confederacy.  The  or 
ganization  is  by  camps,  which  areformet 
into  brigades,  divisions,  and  departments 
There  are  3  departments,  called  the  Army 
of  Virginia,  Army  of  the  Tennessee,  and 
Army  of  the  Trans-  Mississippi. 

United  States  Army.  (See  Army 
United  States.) 

United  States  Constitution.  (See  Con 
stitution,  United  States.) 

United  States  Flag.  (See  Flag,  Unit 
ed  States.) 

United  States  of  America. 

A  Federal  Republic  occupying  the  cen 
tral  part  of  North  America.  It  comprises 
OW)  45  States,  4  Territories,  and  the 
District  of  Columbia;  also  Alaska,  Ha 
waii,  Porto  Rico,  the  Philippine  archipel 
ago,  and  certain  other  small  islands.  The 
capital  is  Washington  City,  which  is  lo 
cated  in  the  District  of  Columbia.  The 
name  was  adopted  in  1776.  In  its  govern 
ment  there  are  3  great  Departments,  the 
Executive,  Legislative,  and  Judicial. 
The  Executive  power  is  vested  in  a  Pres 
ident,  chosen  every  4  years.  He  is  as 
sisted  by  a  Cabinet,  the  members  of  which 
are  appointed  by  him,  by  and  with  the 
consent  of  the  Senate.  The  Legisla 
tive  authority  is  vested  in  Congress,  com 
prising  a  Senate  and  House  of  Repre 
sentatives.  The  Senate  consists  of  2  mem 
bers  from  each  State,  ar.d  the  House  at 
present  of  386  members,  chosen  by  the 
electors  in  the  various  States,  in  the  pro 
portion  of  one  for  about  every  193,000  irv- 
habitants.  The  Judicial  authority  is  vest 
ed  in  a  Supreme  Court  and  such  inferior 
tribunals  as  may  be  created  from  time  to 
time,  by  Congress.  The  several  States 
have  each  a  republican  form  of  govern 
ment,  administered  by  a  Governor,  and  a 
Legislature  composed  of  two  houses,  and 


each  State  has  extensive  independent 
powers  reserved  to  it  under  the  Constitu 
tion  of  the  United  States.  The  Govern 
ment  is  supreme  in  all  powers  delegated 
to  it  by  the  Constitution,  while  the  sever 
al  States  are  supreme  in  all  reserved  or 
nondelegated  powers.  Area  of  45  States, 
4  Territories,  and  District  of  Columbia, 
.3,025,601  square  miles;  including  Alas- 
ka»  3.557.000  square  miles.  Population  in 
1900,  of  States,  District  of  Columbia,  and 
4  Territories,  75,994-575- 

Army  of.  (See  Army,  United 
States.) 

Attitude  of,  toward  Confederate 
States  and  beginning  of  war  dis 
cussed,  32,  63,  117,  184,  277. 

Constitution  of.  (See  Constitu 
tion,  United  States.) 

Constitutional  rights  of  States  dis 
cussed,  32,  63,  121,  184,  277. 

Debt  of,  referred  to,  186. 

Declaration  of  war  against  Confed 
eracy  referred  to,  63,  74. 

Military  preparations  of,  discussed, 
71  (see  also  60,  63,  82),  118, 
277. 

President  of.  (See  Lincoln,  Abra 
ham.) 

Rights  and  powers  of,  discussed,  32, 

63,  121,   184,   277. 


Vacancies    in    Public    Office,    recom 
mendations  regarding,  260. 
Van  Dorn,  Earl: 

Report  of,  on  battle  with  Generals 
Sigel  and  Curtis  in  Arkansas 
transmitted,  214. 

Resolution  of  thanks  tendered  com 
mand  of,  232. 
Vessels: 

In  Chesapeake  Bay  for  exporting 
cotton  or  tobacco  referred  to, 
195- 

Restrictions  upon,  leaving  ports  of 
Confederate  States  referred  to, 
147. 

Seized  for  public  use  referred  to, 
247,  308,  310,  311. 


Index. 


635 


Vessels,  Naval: 

Act  for  building  of,  vetoed,  266. 
Appropriation  for  purchase  of,  rec 
ommended,  201,  249. 
Construction  of,  discussed,  378. 
Fund  raised  by  ladies  of  South  Car 
olina  for  construction  of,  451. 
Names    of  officers  and  contractors 
abroad,    communication    regard 
ing,  302. 
Purchase      and      construction     of,  ; 

abroad  referred  to,  204,  211. 
Communication  regarding,  302.     | 
Vessels,  Private  Armed: 
Commissions  to,  102. 

Act  authorizing  issuance  of,  104. 
Amendment  to,  1 13. 
Form  of  bond,  1 1 2. 
Applications  for,  invited,  60. 

Referred  to,  75. 
Discussed,  281,  349. 
President's  instructions  to,  in. 
Vessels,  War.     (See  Vessels,  Naval.) 
Veteran  Soldiers'  Home,  act  providing 

for,  vetoed,  409. 
Veto  Messages: 

Abolishing  office  of  certain  quarter 
masters,  etc.,  559. 
Acceptance  of  volunteer  regiment 

from  Texas,    160. 
Amending  act — - 

Aiding  Kentucky,  408. 
Establishing  and  organizing  gen 
eral  staff  for  Army,  262. 
Establishing  and  organizing  Pro 
visional  Armv,  263. 
Imposing  regulations    upon  for 
eign    commerce  to  provide  for 
public  defense,  466. 
Reducing  currency  and  authori 
zing    new   issue   of    notes    and 
bonds,  470. 
Authorizing — 

Appointment  of  additional  artil 
lery  officers  for  ordnance  duty, 
466. 

Appointment  of  additional  assist 
ant  surgeons  in  Army,  130. 


Veto  Messages  (Continued): 

Building  vessels  of  war,  266. 

Claim  of  McDaniel  and  Ewing, 
472. 

Congressional  elections  in  Tennes 
see,  324. 

Creating  office  of  Commanding 
General,  215. 

Directing  how  prize  money  shall 
be  paid,  216. 

Encouraging  manufacture  of  small 
arms,  etc.,  158. 

Establishing  court  of  admiralty  and 
maritime  jurisdiction  in  Missis 
sippi,  101. 

Exemption  of  editors  and  newspa 
per  employees,  465. 

Free  mailage  of  newspapers  to  sol 
diers,  556. 

Granting  furloughs,  162. 

Increasing  number  of  midshipmen 
in  Navy,  553. 

Increasing  strength  of  heavy  ar 
tillery  for  seacoast  defenses,  320. 

Organizing  general  staff  for  armies, 
reasons  for  applying  pocket  veto, 

457- 

Pay  and  allowances  of  deceased 
soldiers,  216. 

Payment  of  arrears  due  Army  and 
Navy,  561. 

Promotion  of  officers  in  certain 
cases,  558. 

Raising  and  organizing  troops  in 
Missouri,  160. 

Regulating  furloughs  and  dis 
charges,  156. 

Relief  of  Bible  Society,  267. 

Removal  of  seat  of  Government 
from  Montgomery  to  Richmond, 
100. 

Reorganizing  and  promoting  effi- 
ciencv  of  Medical  Department, 
263.  " 

Repealing  law  authorizing  natu 
ralization  of  aliens,  165. 

Slave  trade,  59. 

Veteran  Soldiers'  Home,  409. 


636  Messages  and  Papers  of  the  Confederacy. 


Veto,  Pocket,  bill  to  provide  and  or 
ganize  general   staff   for   armies, 

457- 
Vice    President,    Confederate    States. 

(See  Stephens,  Alexander  H.) 
Vicksburg,  Miss.: 

Capitulation  of,  referred  to,  345. 
Expedition  to,  repulsed  referred  to, 

276. 
Siege  of,  referred  to,  386. 

Vicksburg,  Miss.,  Siege  and  Capture 
of. 

Vicksburg  is  on  the  Mississippi  River, 
and  is  the  largest  city  in  Mississippi.  It 
was  of  great  strategic  importance  in  the 
early  part  of  the  war.  It  was  held  by  the 
Confederates,  under  Gen.  Johnston,  Dec. 
jS,  29,  1862,  when  it  was  attacked  by  the 
Federals,  under  Generals  Grant  and 
Sherman.  They  were  unsuccessful  May 
18,  1863,  and  the  city  was  invested  by 
Federals,  30,000,  under  Gen.  Grant.  The 
city  was  garrisoned  by  Confederates, 
about  24,000,  under  Gen.  Pemberton. 
After  the  siege  began,  Gen.  Grant  was 
regnforced  until  his  forces  amounted  to 
about  70,000.  May  22,  the  Federals  as 
saulted  the  Confederate  lines,  and  were  re 
pulsed  with  a  loss  of  over  3,000.  Failing 
to  capture  the  city  by  assault,  the  siege 
was  continued  until  July  4,  when  the  en 
tire  garrison,  not  being  able  to  obtain  sup 
plies,  surrendered.  Federal  loss  from 
May  i  to  July  4,  killed,  1,500,  wounded 
and  missing,  9,400. 

Virginia: 

Admission  of,  into  Confederacy  re 
ferred  to,  77,  117. 

Confederate  Constitution  adopted 
by,  117- 

Conscript  law  in,  enforcement  of, 
referred  to,  387. 

Conspiracy  in,  discussed  and  rec 
ommendations  regarding,  498. 

Impressment  of  slaves  in,  referred 
to,  501. 

Legislative  action  of,  referred  to, 
347- 

Martial  law  in  counties  of,  pro 
claimed,  and  orders  regarding, 

219,  220,  221,  222,  223,  "6. 

Military  operations  in,  448,  483. 


Virginia  (Continued): 

Secession  of,  discussed,  77,  117. 
Treaty  with  Confederate  States,  82 
Commission  for  negotiating,  62. 

Referred  to,  77. 
Discussed,  77. 
Proclaimed,  102. 
Troops  of,  resolutions  of  thanks  ten 

dered,  426,  427,  428,  429,  432. 
Virginia,   The:     (See  also   Hampton 

Roads,  Battle  of.) 
Engagement  with  the  Monitor  dis 

cussed,  197,  210. 
Plans  and  construction  of,  referred 

to,  207. 
Volunteer  Navy,  act  establishing,  re 

ferred  to,  319,  378. 

Votes  of  Thanks.   (See  Resolutions  of 
Thanks.) 


Walker,    L.   P.,    Secretary    of    War, 

mentioned,  96. 
Walker,  Richard  W.,  mentioned,  29. 
War  between  the  States. 

A  four  years'  war,  1861-1865,  between 
the  United  States  and  the  Southern  States 
which  seceded  from  the  Union  in  Decem 
ber,  1860,  and  the  early  months  of  1861, 
and  formed  a  government  which  they 
called  the  Confederate  States  of  America. 
It  is  also  called  the  Civil  War  and  the 
War  of  the  Rebellion.  The  one  If  ading 
cause  of  the  war  was  slavery,  the  imme 
diate  cause  being  the  election  of  Mr. 
Lincoln  to  the  Presidency  by  the  anti- 
slavery  party  in  the  United  States,  in  No 
vember,  1860.  His  election  was  effected 
solely  by  votes  from  the  Northern  States 
of  the  Union  and  by  those  who  were  hos 
tile  to  slavery.  The  Southern  States,  be 
lieving  that  the  institution  of  slavery  was 
in  danger,  began  to  secede  or  withdraw 
from  the  Union,  n  States  in  rapid  suc 
cession  passed  ordinances  of  secession. 
South  Carolina  was  the  first  to  take  this 
action,  Dec.  20,  iS£o,  and  Tennessee  the 
last  of  the  11,  June  8,  1861.  The  United 
States  Government  strenuously  resisted 
the  right  of  a  State  to  secede.  The  result 
was  the  war,  the  first  engagement  occur 
ring  at  Fort  Sumter,  S.  C.,  Apr.  12, 
1861,  when  the  United  States  attempt 
ed  to  send  supplies,  etc.,  to  the  gar- 


Index. 


637 


rison  there  under  Maj.  Anderson.  After 
4  years  of  the  fiercest  and  bloodiest  war 
in  history,  it  ended  in  April,  1865,  by  the 
surrendering1  of  the  Confederate  armies 
then  in  the  field.  During  the  conflict  the 
United  States  enlisted  2,688,523  men,  as 
shown  in  the  message  of  President  Grant 
to  Congress  Dec.  2,  1872.  The  Confed 
erate  States,  as  shown  from  statistics,  en 
listed  between  650  oooand  700,000  men.  A 
brief  mention  of  the  chief  battles  of  the 
war  will  be  found  in  this  volume,  under 
their  appropriate  names.  The  exact  num 
ber  of  men  enlisted  by  the  Confederate 
States  and  their  losses  cannot  begiven  here 
for  want  of  the  official  records.  The  losses 
on  the  side  of  the  United  States  for  killed, 
wounds  received  in  action,  etc.,  were 9,584 
officers  and  349,014  men.  Their  public 
debt  increased  from  about  $90,000,000  in 
i So" i  to  over  $.2,600,000,000  in  1865.  The 
results  of  the  war  were  the  abolition  of 
slavery,  the  failure  of  the  States  in  their 
efforts  to  secede,  and  their  return  to  the 
Union. 

Act  recognizing  existence  of,  etc., 

104. 
Amendment  to,  113. 

Alabama,  destruction  of  the  Ilattcr- 
as  by  the,  referred  to,  305. 

Alabama,  operations  in,  483. 

Alien  enemies — 

Banishment  of,  proclaimed,  131. 
Regulations  respecting,  132. 
Sequestration    of    estates    of,  re 
ferred  to,  308. 

Alleghany  Mountain,  W.  Va.,  bat 
tle  of,  referred  to,  154. 

Arkansas — 

Battles  in,  referred  to,  ^14. 
Invasion    of,    by    United    States 

forces  referred  to,  345. 
Operations  in,  483. 

Armistice,  violation  of,  by  United 
States  alleged,  118. 

Army,  Confederate  States,  in.  (See 
Army,  Confederate  States.) 

Attempts  of  United  States  to  reen- 
force  Fort  Pickens  referred  to, 
118. 

Attitude  of  foreign  powers  in,  dis 
cussed,  278,  348,  444,  485. 


War  between  the  States  (Continued): 
Attitude    of  United  States  toward 
Confederate    States   and    begin 
ning  of,  discussed,  32,  63,  117,  184, 
277. 

Baker's  Creek,  Miss.,  battle  of,    re 
ferred  to,  386. 

Battles  and  operations  of.  (See 
also  the  several  battles;  ency 
clopedic  articles.) 
Discussed,  72,  78,  122,  124,  136, 
139,  185,  189,  196,  197,  208,  210, 
232,  240,  276,  332,  345,  448,  482, 

544- 
Report  of — 

Publishing      of,     disapproved, 

454'  455.  457.  49$- 
To  be  transmitted,  147. 
Transmitted,  127,  197,  210,  214, 
241,    247,    248,    250,  251,  255, 
298,    299,    311,    313,  316,  384, 

3S5»   386>   39i,   4°6»  454»  455, 
456,   457,   498,   499,  503,  514, 

53°.   534.    535,    537.  538>  539- 
Belligerency  of  Confederate  States 
recognized  by  foreign  powers,  re 
ferred  to,  280. 
Belmont,  Mo.,  battle  of,  referred  to, 

I37- 
Big  Bethel,  Va.,  battle  of,  referred 

to,  137. 

Blockade  of  Confederate  ports — 
Binding  effect  of,  and  attitude  of 
foreign  powers  regarding,  dis 
cussed,  142,  282,  349. 
Proclamation    announcing,    dis 
cussed,  76. 
Blue  Springs,  Tenn.,  operations  at, 

402. 
Bridgeport,     Ala.,    operations     at, 

245- 
Bull    Run,    Va.,    battle  of,  or   first 

battle  of  Manassas — 
Dispatch  of  President  Davis    to 

Congress  regarding,  124. 
Referred  to,  137. 

Carrick's  Ford,  W.  Va.,  action  at, 
referred  to,  198. 


638  Messages  and  Papers  of  the  Confederacy. 


War  between  the  States  (Continued): 

Causes  leading  up  to,  discussed,  32, 

63  (see  also  60,  70,  78,  82),  117, 

184,  277. 
Charleston,  S.  C.— 

Defense  of,  against  United  States 

forces  discussed,  345,  403. 
Siege  of,  discussed  and  referred 
to,  71,  78,448. 

Chattanooga,  Tenn.,  battle  of.  (See 
Lookout  Mountain;  Missionary 
Ridge,  hereunder.) 

Chickamauga,  Ga.,  battle  of,  dis 
cussed  and  referred  to,  346,  452. 

Conscription  in,  discussed.  (See 
Conscription  Law;  Conscription 
Service.) 

Coosaw  River,  engagement  at,  re 
ferred  to,  200. 

Cumberland  Gap,  Tenn.,  surrender 
of,  discussed,  346. 

Declaration  of  war  by  President 
Lincoln  referred  to,  63,  74. 

Destruction  of  property  bj  United 
States  forces  discussed,  380. 

Disaffection  and  disloyalty  in  Con 
federate  States  discussed,  395. 

Discussed,  72,  78,  122,  124,  136,  139, 

185,  189,   196,  197,  208,  210,  232, 
240,  276,  332,  345,  448,  482,  544. 

Droop  Mountain,  W.  Va.,  battle  of, 

referred  to,  385. 

Fishing  Creek,    Ky.,  battle  of,  re 
ferred  to,  200. 
Florida,  operations  in,  448. 
Fort   Donelson,  Tenn.,  fall  of,  re 
ferred  to,  189,  196,  207,  245. 
Fort  Henry,  Tenn.,  disaster  at,  re 
ferred  to,  207. 
Fort  Pickens,  Fla.— 

Attempts  of  United  States  to  re- 
enforce,  118. 
Possession  of,  recommendations 

for  obtaining,  56. 
Fort  Sumter,  S.  C. — 

Hostile  expedition  sent  by  Unit 
ed  States  to,  referred  to,  118, 
279. 


War  between  the  States  (Continued): 

Fort  Sumter,  S.  C. — 

Possession  of,  recommendations 

for  obtaining,  56. 
Reduction  of,  discussed  and  re 
ferred  to,  71,  78,  98. 

Fredericksburg,  Va.,  battle  of,  re 
ferred  to,  276,  384. 

Galveston,  Tex.,  recovery  of,  from 
United  States  forces,  276. 

Georgia — 

Advance    of    Gen.    Rosecrans's. 

army  into,  discussed,  346. 
Operations  in,  448. 

Gettysburg,  Pa.,  battle  of,  dis 
cussed,  346. 

Habeas  corpus,  writ  of.  (See  Ha 
beas  Corpus.) 

Hampton  Roads,  Va.,  battle  of,  dis 
cussed  and  reports  on,  transmit 
ted,  197,  210. 

Hatteras,  destruction  of  the,  by  the 
Alabama  referred  to,  305. 

Hatteras  Inlet,  N.  C.,  capture  of,  re 
ferred  to,  129. 

Helena,  Ark.,  unsuccessful  at 
tack  upon  post  at,  referred  to^ 

345- 
Henderson,    Tenn,    operations    at, 

402. 

Holcomb  Legion  referred  to,  456. 
Jackson,   Miss.,  battle  of,  referred 

to,  345. 
James    Island,    S.  C.,  engagement 

at,  referred  to,  245. 
Kentucky — 

Invasion   of,  by    Federal   forces 
and  action  of  Confederate  au 
thorities  discussed,  137. 
Military  operations  in,  137,  448. 
Neutrality  of,  not  recognized  by- 
Federal    authorities  discussed, 
!37- 
Leesburg,  Va ,  battle   of,    referred 

to,  137,  192. 

Letters  of  marque  and  reprisal — 
Applications  for,  invited,  60. 
Referred  to,  75. 


Index 


639 


War  between  the  States  (Continued): 
Letters  of  marque  and  reprisal — 
Issuance  of,  102. 

Act  authorizing,  104. 
Amendment  to,  113. 
Form  of  bond,  i 12. 
President's    instructions   regard 
ing,  in. 
Lexington,  Mo.,  battle  of,  referred 

to,  137- 

Little  Rock,  Ark.,  retreat  of  Confed 
erate  Army  from,  discussed,  345. 
Lookout   Mountain,    Tenn.,    battle 

of,  discussed,  347. 
Louisiana — 

Operations  in,  386,  448,  482. 
United   States  armies  in,  defeat 
ed,  345- 
McDowell,  Ya.,  battle  of,  referred 

to,  320. 

McRac,  tbe,  mentioned,  79. 
Manassas,  Va.,  first  battle  of.    (See 

Bull  Run,  hereunder.) 
Manassas,  Ya.,  or  Bull  Run,  second 

battle  of — 
Discussed,  240. 
Referred     to     in     proclamation, 

268. 

Martial    law   extended,  and  orders 
regarding,  219,  220,  221,  222,  223, 
224,  225,  226. 
Merrimac-Monitor    engagement    in 

Hampton  Roads,  Va.,  197,  210. 
Military  preparations  discussed,  78. 
Military    preparations    of    United 
States  discussed,  71  (see  also  60, 
63,82),  118,277. 
Military  supplies- 
Appropriation    for,  recommend 
ed,  58,  78. 
Funds  sent  abroad  for,  referred 

to,  242,  261. 
Recommendations  for  procuring, 

S32,  545.  552- 

Transfer  of,  from  State  deposito 
ries  to  General  Government, 
recommendations  regarding, 
56. 


War  between  the  States  (Continued): 
Militia  law,  general,  recommended, 

491,  548. 
Missionary  Ridge,  Tenn.,  battle  of, 

discussed,  347. 
Mississippi,  operations  in,  385,  386, 

448,  483. 
Mississippi  River,  war  on,  referred 

to,  345- 

Missouri,  operations  in,  137,483. 

Mobile,  Ala.,  naval  attack  on,  re 
ferred  to,  448. 

Mobile  Bay,  outer  defense  of,  cap 
ture  of,  referred  to,  483. 

Monitor-Mcrrimac  engagement  in 
Hampton  Roads,  Va.,  197,  210. 

Morris  Island,  S.  C.,  operations  on, 

499- 

Murfreesboro,  Tenn.,  battle  of,  re 
ferred  to,  317. 

Nashville,   Tenn.,    evacuation   and 
removal  of  public  property  from, 
referred  to,  245. 
Navy,  Confederate  States,  in.    (See 

Navy,  Confederate  States.) 
Negroes  in.     (See  Slaves.) 
Neutrality    of    foreign    powers    in, 

discussed,  280,  348,  444. 
Partiality    in    favor    of     United 
States  discussed,  280, 348,  444. 
Retaliatory      measures      dis 
cussed,  358. 

New  Orleans,  La.,  capture  of,  pro 
ceedings  of  court  in  inquiry  re 
garding,  transmitted,  457. 
Newbern,  N.  C.,  battle  of,  referred 

to,  212. 

North  Carolina,  operations  in,  298, 

448. 
Number  of  troops  in,  furnished  by 

each  State  referred  to,  246. 
Ordnance  supplies.    (See  Ordnance 

and  Ordnance  Supplies.) 
Outrages  committed  by  Federal 
authorities  and  soldiers  re 
ferred  to,  1 15,  1 19,  127,  128,  137, 
140,  184,  233,  289,  298,  329,  376, 
379,  443-  493,  564- 


640  Messages  and  Papers  of  the  Confederacy. 


War  between  the  States  (Continued): 
Outrages    committed    by    Federal 

authorities  and  soldiers — 
Retaliatory  measures — 
Discussed,  234. 
Proclaimed,  269. 
Discussed,  289, 
Threatened,  115,  120,  141. 
Palmetto  Light  Artillery,  organi 
zation  and  disbanding  of,  referred 
to,  456. 

Partiality  of  foreign  powers  in  fa 
vor  of   United  States   in,  dis 
cussed,  280,  348,  444. 
Retaliation  discussed,  358. 
Peace  negotiations  discussed.   (See 
Peace     Commissioners;      Peace 
Conferences;      Peace     Negotia 
tions.) 
Pensacola,  Fla. — 

Bombardment   of,     referred    to, 

200. 

Evacuation  of  forts,  etc.,  at,  re 
ferred  to,  245. 
Pittsburg  Landing,  Tenn.,  battle  of. 

(See  Shiloh,  hereunder.) 
Port  Gibson,    Miss.,   battle   of,  re 
ferred  to,  386. 
Port  Hudson,  La.,  capitulation  of, 

referred  to,  3^5. 

Port   Royal  Ferry,  S.  C.,  engage 
ment  at,  referred  to,  200. 
Prisoners  of  war — 

Enlistment  of,  taking  oath  af  al 
legiance  to  Confederate  States, 
501. 
Exchange  of,  arrangements  for, 

237,  492,  501. 

Cartel  of,  transmitted,  241. 
Letter   of   President  Davis  to 
President  Lincoln  regarding, 
343- 
Questions  regarding,  referred 

to,  395- 

Stephens,  A.  II.,  correspond 
ence  regarding  appointment 
of,  as  commissioner  on  sub 
ject  of,  339. 


War  between  the  States  (Continued) : 
Prisoners  of  war — 

Exchange  of,  arrangements  for — 
Suspension    of,  discussed,  375, 

445- 
Rations   furnished,    referred    to, 

376,  50^. 

Relief   of,  arrangements  for,  re 
ferred  to,  502. 
Treatment  of — 

Discussed,    120,    127,    128,    289, 

376>  493- 

Letter  of  President  Davis  to 
President  Lincoln  regard 
ing,  115. 

Referred  to,  121. 
Retaliation — 

Measures  of,  proclaimed,  269. 

Discussed,  289. 
Threatened,  115,  120,  141. 
Private  armed  vessels — 
Commissions  to,  102. 

Act  authorizing  issuance  of,  104. 
Amendment  to,  113. 
Form  of  bond,  112. 
Applications  for,  invited,  60. 

Referred  to,  75. 
Discussed,  281,  349. 
President's  instructions  to,  in. 
Privateering  discussed,  281,  349. 
Prosecution  of — 

Communication  regarding  ap 
propriation  for,  208. 
Discussed,  72,  78,  122,  124,  136, 
139,  185,  189,  196,  197,  208,  210, 
232,  240,  276,  332,  345,  448,  482, 
544- 

Legislation  for,  discussed,  234. 
Recognition    of    independence    of 

Confederate  States — 
Attitude    of    powers    regarding, 

discussed,  279,  348,  444,  485. 
Commissioners  sentto  request,  76. 
Intervention  not  desired,  487. 
Request  for,  discussed,  142. 
Resolutions  of  thanks  tendered  of 
ficers  and  soldiers  in.     (See  Res 
olutions  of  Thanks.) 


Index. 


641 


War  between  the  States  (Continued): 

Rheatown,  Tenn.,  operations  at, 
402. 

Richmond,  Ky.,  battle  of,  referred 
to  in  proclamation,  268. 

Richmond,  Va. — 

Army  of  United  States  threaten 
ing,  defeated,  233,  241. 
Referred    to    in   proclamation, 

268. 
Threatened  capture  of,  544. 

Roanoke  Island,  X.  (J.f  surrender 
of,  referred  to,  189,  207. 

St.  Charles,  Ark.,  engagement  at, 
referred  to,  238. 

Shiloh,  Tenn.,  battle  of— 
Discussed,  208. 
Gen.  Albert  S.Johnston  killed  at, 

209. 
Reports  on,  transmitted,  245,  309. 

Slaves  in.     (See  Slaves.) 

South  Carolina  volunteers  referred 
to,  456. 

South  Mills,  N.  C.,  affair  at,  referred 
to,  245. 

Springfield,  Mo.,  battle  of,  referred 
to,  137. 

Staunton  River  Bridge,  engage 
ment  at,  referred  to,  499. 

Stone's  River,  Tenn.,  battle  of,  re 
ferred  to,  317. 

Siunti')-,  the,  mentioned,  79. 

Tennessee,  operations  in,  448,  483. 

Tennessee  River,  operations  on, 
245. 

Texas,  operations  in,  482. 

Thanks  of  Congress  tendered  offi 
cers  and  soldiers  in.  (See  Reso 
lutions  of  Thanks.) 

Tishomingo  Creek,  Miss.,  battle  of, 
referred  to,  499. 

Trans-Mississippi  Department,  op 
erations  in,  388,  530. 

Transportation  facilities  discussed, 
Si,  139,  151,  236,  249,  295,492,533, 

536. 

Troops  in.  (See  Army,  Confeder 
ate  States;  Army,  United  States.) 

41 


War  between  the  States  (Continued): 
Vicksburg,  Miss. — 

Capitulation  of,  referred  to,  345. 
Expedition  to,  repulsed,  referred 

to,  276. 

Siege  of,  referred  to,  386. 
Virginia,  operations  in,  448,  483. 
Wilmington,  N.  C.— 

Defense  of,  referred  to,  402. 
Running   blockade    of,    referred 
to,  382. 

War  Department: 

Appropriations     for,     recommend 
ed,  303,  406,  533,  536. 
Clerks  in,  303,  503. 

Employees  in,  referred  to,  552. 

Number  of  men  between  18  and  45 
necessary  in,  533. 

Report    of,    transmitted     and  ,  dis 
cussed,  73,  78,    138,    151,    190,    194, 
!95>    199,    -°°>  201.  -35>  -94.  369, 
447.  491- 
War,  Prisoners  of: 

Enlistment  of,  taking  oath  of  al 
legiance  to  Confederate  States, 
501. 

Exchange     of,    arrangements    for, 

237,  49-.  501- 

Cartel  of,  transmitted,  241. 
Letter     of     President     Davis     to 

President    Lincoln    regarding, 

343- 
Questions  regarding,  referred  to, 

395- 

Stephens,  A.  II.,  correspondence 
regarding  appointment  of,  as 
commissioner  on  subject  of, 

339- 
Suspension    of,    discussed,    375, 

445- 
Rations  furnished,  referred  to,  376, 

502. 

Relief    of,    arrangements    for,    re 
ferred  to,  502. 
Treatment  of — 

Discussed,  120,  127,  128,  289,  376, 
493- 


642  Messages  and  Papers  of  the  Confederacy. 


War,  Prisoners  of  (Continued): 
Treatment  of — 

Letter    of    President    Davis     to 
President  Lincoln  regarding, 

US- 
Referred  to,  121. 
Retaliation — 

Measures  of,  proclaimed,  269. 

Discussed,  289. 
Threatened,  115,  120,  141. 
War,  Secretary  of: 

Appropriations    recommended  by. 

(See  Appropriations.) 
Communication  from,  transmitted, 

147. 

Report     of,    transmitted    and    dis 
cussed,  73,  78,  138,  151,  190,  194, 
J95>   *99»    2oo,  201,  235,  294,  369, 
447,  491. 
War  Tax: 

Appropriation  recommended  to  re 
fund  excess  of,  paid  by — 
Louisiana,  253. 
North  Carolina,  239. 
Propriety  of  providing  for  payment 

of  loans  by,  discussed,  259. 
War  Vessels.     (See  Vessels,  Naval.) 
Washington  and  New   Orleans  Tele 
graph  Company,  shares  held  in, 
by  alien   enemies  discussed,  308, 
309. 

Watkins,  Oscar  M.,  resolution  of 
thanks  tendered  command  of, 
338. 

Webb,  W.  A.,  mentioned,  198. 
Weed,  Thurlow,  mentioned,  95. 
Weldon  Railroad,  Va.,  Seizure  of. 

While  operating  against  Richmond 
and  Petersburg,  Va.,  in  June,  1864,  the 
Federals,  under  Gen.  Grant,  attempted  to 
capture  this  road  from  the  Confederates, 
under  Gen.  Lee.  The  latter  were  attacked 
on  June  22  by  Federals,  under  the  imme 
diate  command  of  Generals  Birney  and 
Wright,  who  were  repulsed  with  heavy 
loss.  August  18,  another  attack  was  made 
by  forces  under  Gen.  Warren,  the  Con 
federates  being  under  command  of  Gen. 
Mahone,  with  a  Federal  loss  of  4,500. 
On  the  25th,  at  Reams  Station,  an  assault 
was  made  on  the  Second  Army  Corps  and 


Gregg's  cavalry  while  destroying  the 
railroad,  and  they  were  driven  off  with 
heavy  losses. 

Wheat's  Louisiana  Battalion,  disband 
ing  of,  referred  to,  261. 

Wheeler,  Joseph,  resolution  of  thanks 
tendered  command  of,  338. 

Whiting,  William  H.  C.: 

Correspondence  with,  regarding 
defense  of  Wilmington,  N.  C., 
transmitted,  402. 

Report  of,  regarding  running 
blockade  of  Wilmington,  N.  C., 
transmitted,  382. 

Wilderness,  Va.,  Battle  of.  (See  also 
Spottsylvania  Court  House,  Bat 
tle  of.) 

A  battle  in  the  Wilderness  region  in 
Virginia,  south  of  the  Rapidan  River, 
MaY  Si  6>  lS64-  The  Federals,  120,000 
men  and  300  guns,  were  commanded  by 
Gen.  Grant  and  Gen.  Meade;  the  Confed 
erates,  65,000,  by  Gen.  Lee.  The  Confed 
erates  attacked  on  the  5th,  and  the  fight 
ing  was  severe  through  that  day  and  the 
next.  Federal  losses,  near  20,000,  includ 
ing  5,000  prisoners;  Confederate  loss, 
about  10,000.  The  Federals  withdrew, 
and  marched  to  near  Spottsylvania  Court 
House.  The  Confederates  met  them 
there,  and  the  battle  of  Spottsylvania 
Court  House  was  fought. 

Willcox,  0.  B.,  correspondence  in 
peace  negotiations,  521. 

Williams,  John  S.,  report  of,  on  opera 
tions  at  Blue  Springs,  Henderson, 
and  Rheatown  transmitted,  402. 

Williamsburg,  Va.,  Battle  of. 

A  battle  at  Williamsburg,  Va.,  May6, 
1862.  The  Federals  were  commanded  by 
Generals  Hooker  and  Heintzelrnan;  the 
Confederates,  by  Gen.  Magruder.  The 
Federals  attacked  and  were  repulsed, 
with  a  loss  of  450  killed  and  1,800  wound 
ed  and  missing;  Confederate  loss,  includ 
ing  killed  and  wounded,  1,500. 

Wilmington,  N.  C.: 

Defense  of,  referred  to,  402. 

Running  blockade  of,  referred  to, 

382. 
Wilson's  Creek,  Mo.,  Battle  of. 

A  battle  near  Springfield,  Mo.,  Aug. 
10,  1861.  The  Federals  were  command 
ed  by  Generals  Lyon  and  Sigel;  the 


Index. 


643 


Confederates,  by  Generals  McCulloch  and 
Price.  The  Federals  made  two  attacks, 
both  of  which  were  repulsed,  and  they 
were  defeated,  with  a  loss  in  killed, 
wounck-d,  and  missing  of  1,250.  Gen. 
Lyon  was  killed.  Confederate  loss, 
about  1,100. 

Winchester,  Va.,  Battles  at. 

Winchester,  in  the  Shenandoah  Val 
ley,  Ya.,  was  the  scene  of  several  battles. 
The  first,  the  Federals  were  commanded 
by  Gen.  Shields;  the  Confederates,  by 
Gen.  T.J.  Jackson,  Mch.  23,  1862.  The  lat 
ter  retired  to  his  main  army.  Federal 
loss,  600  in  killed  and  wounded;  Confed 
erate  loss,  about  700.  This  engagement 
is  called  also  the  battle  of  Kernstown. 
In  the  second  engagement,  June  15,  1863, 
the  Federals  were  commanded  by  Gen. 
Milroy;the  Confederates,  by  (Jen.  Long- 
street.  The  Federals  were  defeated,  with 
a  loss  of  over  4,000  men  and  many  guns; 
Confederate  loss,  very  small.  The  third 
engagement  occurred  here  July  12,  1864, 
when  Federals,  under  Gen.  Averell,  were 
attacked  by  Confederates,  under  (Jen. 
Early.  The  Federals  were  defeated,  with 
a  loss  of  about  400.  Another  engage 
ment  took  place  here  Sepf.  19,  1864,  when 
Federals,  under  Gen.  Sheridan,  attacked 
the  Confederates,  under  (Jen.  Early.  The 
latter  retreated  to  and  beyor.d  Winches 
ter,  with  a  loss  of  5,500;  Federal  loss, 
about  5,000.  This  is  called  also  the  battle 
of  Opequan. 

Winder,  John  H.,  orders  to,  regarding 
martial    la\v    in    Richmond,    Ya., 

J20. 


Wise,  Henry  A.,  report  of,  on  fall  of 
Roanoke  Island  referred  to,  207. 

Withers,  Jones  M.,  report  of,  on  bat 
tle  of  Shiloh,  Tenn.,  transmitted, 
245- 

Women  of  Confederacy,  resolution  of 
thanks  tendered,  230. 

Wood,  John  T.,  resolution  of  thanks 
tendered  command  of,  430. 

Wyandotte  Constitution.  (See  also 
Lecompton  Constitution ;  Topeka 
Constitution.) 

The  final  constitution  adopted  for  the 
State  of  Kansas  at  Wyandotte,  now  a 
part  of  Kansas  City,  in  that  State.  It  was 
adopted  in  October,  1859;  was  ratified  by 
a  vote  of  10,421  to  5,530,  and  made  Kan 
sas  a  free  State. 


Yancey,  William  L.,  commissioner  to 

Europe,  nomination  of,  157. 
Yorktown,  Va.,  Siege  of. 

Vorktown  is  situated  on  York  River,  50 
miles  from  Richmond.  The  Federals, 
commanded  by  Gen.  McClellan,  laid  siege 
to  Yorktown,  which  was  garrisoned  by 
Confederates,  under  Gen.  Magruder,  be 
ginning  Apr.  4,  i8T>>.  On  that  day,  in  an 
attack  made  by  the  Federals,  they  lost  35 
killed  and  120  wounded;  Confederate  loss, 
about  100.  Mav  4,  the  Confederates  evac  • 
uated  the  place,  and  retired  up  the  Penin 
sula. 


UNIVERSITY  OF  C 


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